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INDONESIA
Jurnal Notariil
Published by Universitas Warmadewa
ISSN : 2540797x     EISSN : 26151545     DOI : https://doi.org/10.2225/jn
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 7 No. 2 (2022)" : 7 Documents clear
JURIDICAL PROBLEMS OF ACQUIRING PROPRIETARY RIGHTS TO STATE LAND THROUGH FULL SYSTEMATIC LAND REGISTRATION (PTSL) Ni Made Jaya Senastri; Nengah Renaya; Arisya Septyani Virgin
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.76-83

Abstract

This study aims to examine the weaknesses of obtaining property rights on state land and the legal consequences of the issuance of property rights on state land through a legally flawed Complete Systematic Land Registration (PTSL). The method used is a normative legal writing method, using a statutory approach, a conceptual approach, and a historical approach. As an analytical tool for the legal issues studied, this study uses the theory of legal certainty, the theory of legal protection and the theory of legal justice. Based on the results of the analysis, it can be found that there is an inconsistency of norms between the Minister of ATR/BPN Number 6 of 2018 and Government Regulation Number 24 of 1997, namely Article 33, Article 22 paragraph (2), Article 24 paragraph (2) of the Minister of ATR/BPN Regulation No. 6 of 2018. The existence of the inconsistency of these norms creates legal weaknesses and uncertainty in the community regarding the suspension of BPHTB and PPh debts, a statement of ownership of rights in good faith, the principle of publicity for the announcement of physical data and juridical data, the application of the principle of contradictory delimitation in determining the boundaries of land parcels through Complete Systematic Land Registration (PTSL). The result or output in the form of a certificate of ownership that is issued has a legal defect. The legal consequences of the issuance of a certificate of ownership of state land through a Complete Systematic Land Registration (PTSL) which is legally flawed, namely cancellation due to a defect in administrative law and cancellation by implementing a court decision that has permanent legal force.
CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT A. Junaidi Abdillah; Dyah Ochtorina Susanti; Rahmadi Tektona
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.65-75

Abstract

Act Number 21 of 2008 about Islamic Banking regulates that one of the businesses of Islamic commercial banks is to channel financing under a murabahah contract. Fatwa of the National Sharia Council – MUI No. 04/DSN-MUI/IV/2000 concerning Murabahah regulates the mechanism for granting authorization to customers by banks, to purchase goods from third parties and the murabahah sale and purchase contract must be carried out after the goods, in principle, become the property of the bank. The purpose of this study is to understand, describe, and find the suitability of the characteristic mechanism in financing with murabahah contracts with Fatwa and the provisions of Islamic bank regulators. This research method is normative juridical with a statutory and comparative approach. The research methodology used is doctrinal legal research. Doctrinal legal research is the study of legal rules, principles, concepts or doctrines. In this study, it was found that the characteristics of wakalah contracts in murabahah financing are as a means of granting power of attorney to purchase murabahah objects by customers as proxies from the bank, to then be handed back to the bank and then sold to customers under a murabahah contract.
THE ESSENCE OF GRANTING THE RIGHT OF DENIAL FOR NOTARY OFFICIALS IN LAW ENFORCEMENT PROCESSES Putu Eka Trisna Dewi; Ridwan Sidharta
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.89-93

Abstract

Article 4 and Article 16 paragraph (1) letter f of UUJN oblige a Notary to maintain the confidentiality of everything about the deed he or she made as well as all information obtained that is necessary for making the deed in accordance with their oath of office, unless the law provides otherwise. This research aims to examine the essence of the right of denial for notaries in performing duties in accordance with the UUJN and to examine the consequences of the right of denial for notaries in the law enforcement process. The type of research used in this research is normative legal research and the approach used in this research is a statute approach and a legal concept approach. Based on analysis, it was found that if a Notary, who has been given the trust and has been sworn in in accordance with Article 4 of the UUJN concerning the Oath of Notary Position and also Article 16 paragraph (1) letter e of the UUJN concerning Notary Obligations, keeps the contents of the deed a secret, violating the oath, then he or she may be penalized. The consequence of the secrecy of the position held by a Notary in terms of providing testimony about the status of their right of denial is that the notary concerned will be disqualified if then the judge still rejects the application for the right of denial of the Notary in the trial, outside the exception to the law.
NOTARIAL DEEDS RELATED TO DEFAULTS, FRAUD AND EMBEZZLEMENT Agung Iriantoro
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.84-88

Abstract

The aim of this study is to find out the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) can be charged to one of the parties in the agreement made by the notarial deed is considered to have committed default. This study uses normative juridical methods, which means that this study focuses on favourable laws such as Law No. 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary, the Civil Code, the Criminal Code, and other laws and regulations. Based on analysis, the results of this study revealed that if one of the parties in the agreement made by his notarial deed is considered to have committed a default, it cannot be charged with the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) based on Article 11 of Law No. 12 of 2005 concerning ratification of the International Covenant on Civil and Political Rights. Some judges' decisions with loose verdicts (slag van all rechttsvervolging), i.e., the act charged is proven, but the act of default does not constitute a criminal offence.
OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI Ida Bagus Dalem Try Utama Manuaba; I Wayan Wesna Astara; Ida Bagus Agung Putra Santika
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.46-54

Abstract

This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken.
LEGAL PROTECTION FOR CUSTOMER FUNDS AT VILLAGE CREDIT INSTITUTIONS (LPD) THROUGH A DEPOSIT GUARANTEE SCHEME BY THE EMPOWERMENT INSTITUTION FOR LPD Ni Putu Ari Setyaningsih; I Ketut Satria Wiradharma Sumertajaya; Fanny Priscyllia
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.55-64

Abstract

In the relevant Governor’s Regulations regarding LPD, it is not regulated regarding the value of guaranteed deposits for each customer at an LPD that is a participant in the deposit guarantee. The absence of legal regulations governing the value of deposits guaranteed through the LPD customer fund guarantee scheme has led to the need for a study of the extent of protection obtained by LPD customers for their deposit funds under this scheme. This research aims to examine deposit guarantee schemes for LPD customers and legal protection for customer funds at LPD through the loan fund scheme organised by LPLPD. This research is conducted using a normative juridical research method by conducting an analysis on primary legal materials and secondary legal materials related to the present research problems. Based on the analysis, it was found the LPD customer deposit guarantee scheme has not been able to provide legal protection to the customers. This is because in the deposit guarantee scheme, membership is discretionary so not all LPD customers in Bali get protection. The absence of regulation regarding the criteria to determine the amount of contribution and guarantee premium paid and the amount of customer deposits protected by the LPD customer deposit guarantee scheme has resulted in the absence of legal certainty regarding the amount of protected LPD customer funds.
LAND BANK MAINTAINS THE EXISTENCE OF LAND ACQUISITION FOR DEVELOPMENT Sigit Sapto Nugroho; I Wayan Kartika Jaya Utama
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.94-99

Abstract

This study aims to analyze the urgency of land banks in maintaining the existence of land acquisition for development. This research method uses normative legal research methods with a statutory approach and a conceptual approach. The types and sources of legal materials used are primary, secondary and non-legal legal materials. The method of collecting legal materials uses the method of literature study. Analysis of legal materials using qualitative descriptive analysis. Based on the results of the study, it shows that the urgency of the Land Bank in land acquisition activities for development has the function of overcoming the problem of the form and value of compensation for land acquisition objects, preventing the growth of inventory of land needs for development activities for the public interest and reducing the implementation of land acquisition activities that require large costs and that take people's rights to their land.

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