Authentica : Privat Law Journal
AUTHENTICA aims to provide a forum for lecturers and researchers to publish the original articles about Law Science, especially Privat Law Studies. The focus of AUTHENTICA is publishing the manuscript of a research study or conceptual ideas. We are interested in topics which relate Privat Law issues in Indonesia and around the world, among them: Agrarian Law Adat Law Consumer Law Bussines Law Banking Law Family and Marriage Law Inheritance Law Sharia Law Legal Agreement And other Privat law Studies
Articles
84 Documents
<![CDATA[Noble Notary Profession ]]>
<![CDATA[Rahadi Wasi Bintoro]]>
<![CDATA[ Authentica Vol 1, No 2 (2018) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[PERANAN DANA PERIMBANGAN DALAM PEMBIAYAAN PENYELENGGARAAN PEMERINTAHAN DAERAH DI KABUPATEN BANYUMAS ]]>
<![CDATA[Haedah Faradz]]>
<![CDATA[ Authentica Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2018.1.1.5
<![CDATA[Tax as a source of income for state finance is a manifestation of the community's direct contribution to development goals. The Regional Government of Banyumas Regency on September 10, 2004 proposed the Acquisition of Non-Taxable Tax Objects to the Minister of Finance and based on the Decree of the Head of Regional Office of the Directorate General of Taxation of West Java dated Dec-ember 23, 2004, Kep 14 /WPJ 10/BD05/2004 determine the amount of the acquisition value of non-taxable objects in Banyumas Regency. The problem examined in this paper is The Role of Balancing Funds originating from the Fees for Acquiring Land and Building Rights in financing the administration of regional government in Banyumas Regency; and Factors that influence the receipt of balance funds from the Land and Building Rights Acquisition Fees in Banyumas Regency. The research method used was normative juridical, namely statue approach and conceptual approach then analyzed qualitatively. The cost of acquiring land and building rights (BPHTB) in financing the administration of regional government in Banyumas Regency was still relatively small, and its implementation was also influenced by several factors. Keywords: tax, Customs for Land and Building Rights, locally-generated revenue.]]>
<![CDATA[Legal Certainty In The Choice Of Dispute Resolution Forums ]]>
<![CDATA[Rahadi Wasi Bintoro]]>
<![CDATA[ Authentica Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Legal Certainty In The Choice Of Dispute Resolution Forums]]>
<![CDATA[Notary Professional Legal and Ethical Liability for Deed Reading Obligations Made by Notaries ]]>
<![CDATA[Chandra Kurniawan Setyabudi]]>
<![CDATA[ Authentica Vol 2, No 1 (2019) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2019.2.1.63
<![CDATA[A Notary is a public official who in the case of his appointment and dismissal is carried out by the Minister of Law and Human Rights. The implementation of the duties of notary positions is based on Reglement op Het Notary Ambt in Indonesia / Regulation of the Notary Department in Indonesia (Staatsblad 1860 Number 3 the year 1860) as amended by Law No. 30 of 1860 2004 on Notary Department and as amended back to Law No. 2 of 2014 on Changes to Law No. 30/2004 on Notary Departments (thus called Notary Department Law or UUJN). UUJN makes a Notary authorized to make an authentic deed and other authorities as referred to in the Law. The obligation of a Notary in carrying out his duties and authority can be seen in the provisions of Article 16 of UUJN. The notary shall recite the deed that has been presented before the protesters by attending by at least 2 (two) witnesses or 4 (four) witnesses, and specifically in the case of the making of a will deed made underhand and then signed at the same time by the intercepts, witnesses and notaries, stipulated in Article 16 paragraph (1) letter m UUJN. The implementation of such obligations in the author's research process turns out that several Notaries do not carry out the obligation to read the deed. Notary in carrying out the duties and authority of its office is bound by the prevailing Laws and Regulations, namely the Law of the Notary Department and the Notary Code of Conduct. The approach method used in this study is a normative juridical approach. The data used is secondary data and primary data as a complement to secondary data. The results of the research and discussion of this research is the responsibility imposed on the Notary when he does not perform the reading of the deed that he has made before the intercepters and witnesses i.e. in terms of civility, the intercepter who feels materially harmed because of the mistakes made by the Notary to the material truth of the deed he made can seek damages for the deed made by the Notary concerned. The implication of not doing the reading of the deed by a notary can result in the evidentiary power of the deed which should be an authentic deed that has the power of perfect proof precisely resulting in the strength of its proof becoming underhand. The provisions of the reading of the deed referred to in the UUJN according to the author are also in the obligation to carry out the duties of the office as stipulated in the Amendment of the Notarial Code of Conduct of the Notary Association of Indonesia in Article 3 paragraph (15). The application of sanctions to the Notary may be Reprimand, Warning, Schorsing (temporary dismissal) of the Membership of the Association, Onzetting (dismissal) of the Membership of the Association, and disrespectful dismissal of the membership of the Association. The lifting of these sanctions is adjusted to the quality and quality of the violations committed by the member. Keywords: Responsibility, Notary, Notary Code of Conduct, Deed]]>
<![CDATA[Responsibilities of PT. GO-JEK Indonesia Semarang as Business Services Provider of Consumer Protection Online Services by Law Number 8 of 1999 Consumer Protection1999 CONSUMER PROTECTION ]]>
<![CDATA[Annisa Rizqi Pradani]]>
<![CDATA[ Authentica Vol 1, No 2 (2018) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2018.1.2.26
<![CDATA[PT. GO-JEK Indonesia utilizing the technology by issuing a GO-JEK application. People who will use the services-JEK Indonesia PT.GO application must download an app on a smartphone GO-JEK. The application, the customer is required to fill the data of identity. Charging the identity of the data, the driver will know the identity of the customer. Genesis ever happening to one of the customers PT.GO-JEK Indonesia Semarang is Ria (not her real name) use the services of GO-JEK driver got terror threat for comment after using the services of GO-JEK, of course is very detrimental to customers where the identity given to PT.GO-JEK Indonesia misused by the bad faith. This study aims to determine the responsibility of PT. GO-JEK Indonesia Semarang against losses incurred in terms of the confidentiality of customers' identities. This study uses a qualitative approach that is normative approach with the Act. Specifications spefikasi descriptive study clearly describe later with legal theory and practice of positive law linked to the research conducted. Responsibility PT.GO-JEK Indonesia Semarang to customers have been pursued by the Company by making the latest software in order to safeguard the identity of customers regarding compensation The Company provides compensation in accordance with the rules and regulations that have made the Company. Responsibility and compensation in accordance with the rules of Law No. 8 of 1999 on Consumer Protection.Keywords: Responsibility; Customer; PT.GO-JEK Indonesia ]]>
<![CDATA[Malpractice Dispute Resolution Conducted By Notary (Supreme Court Ruling Study Number: 2377 K/Pdt/2016) ]]>
<![CDATA[Indra Kurniawan]]>
<![CDATA[ Authentica Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2020.3.1.37
<![CDATA[A notary is a public official who is authorized by the state to make an authentic deed, the authority of this notary has been regulated in the Act of Notary (UUJN) and the Code of Ethics for Notary. Notary in making authentic deeds, solving challenges that lead to malpractice. The data used are secondary data and primary data as a complement to secondary data. The method used in this study is a method that discusses normative juridical. The research results obtained are 2 (two) notaries acceptable to malpractice, namely forms of denial or deviation and ability of the duties and responsibilities of the notary, either because of problems or negligence that can be justified. Accountability of the notary in the case of malpractice actions can be carried out on the basis of a moral law that will be borne by the notary if they carry out malpractice. The dispute resolution process carried out by a notary can be done through the Notary Supervisory Board, but cannot discuss the agreements that can be made in the Court.Keywords: Notary Liability, Malpractice, Dispute Resolution]]>
<![CDATA[Application of Prudential Principles in Registration of Granting Mortgage Right (APHT) ]]>
<![CDATA[Hesti Kusumaningrum]]>
<![CDATA[ Authentica Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2019.2.2.67
<![CDATA[The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences]]>
<![CDATA[Legal Protection Workers in The Agreement in Photography Studio WHC Purwokerto ]]>
<![CDATA[Dwimo Gogy Prabowo]]>
<![CDATA[ Authentica Vol 1, No 2 (2018) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2018.1.2.12
<![CDATA[Labor has a very important role in national development. Labor (man power) are residents who have or are working, looking for work and carry out other activities such as schools and care of the household. Thus the workers have their own rights and obligations that must be fulfilled, with the rules governing the employment and the employer to ensure that workers in the work. In addition, the worker and the employer must also have a working agreement that binds them. The basic working agreement should also contain provisions relating to the employment relationship, the rights and obligations of workers and the rights and obligations of employers. In the pre-study in WHC Studio Purwokerto I get the primary data that employees working agreement with his employer orally or in writing. In the execution of the workers in the WHC photography studio doing a lot of work outside of his agreement. Viewed from pre-study in WHC Studio orally there is agreement that ultimately there is no legal certainty in work and in remuneration, and therefore need further study.Keywords: legal protection; the Agreement; Employment]]>
<![CDATA[KESADARAN HUKUM MASYARAKAT KABUPATEN TEGAL TERHADAP PENDAFTARAN HAK ATAS TANAH ]]>
<![CDATA[Bha'iq Roza Rakhmatullah]]>
<![CDATA[ Authentica Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.atc.2018.1.1.6
<![CDATA[The registration of land rights in the Land Office has a time limit. This paper discusses about why the community of Tegal Regency has not yet had legal awareness to the registration of land rights transfer, how the legal effect on the delay of registration of land rights transfer based on the purchasing deed of the Making Land Deed Official by the receiving party rights, and how to solve public legal awareness and solutions to land registration delays. The method used in this research is by the Socio-Legal approach that is an approach which is done or used to be a reference in highlighting the problems of applicable legal aspects. the community of Tegal Regency, especially the weak economic community have not yet had legal awareness to register the transfer of land rights based on purchasing deed of the Making Land Deed Official to Tegal Regency Land Office. Suggestion from this research is The existence of strict enforcement of sanctions to unscrupulous officials of the Land Office who make irregularities, all stakeholders make a memorandum of understanding together in the context of registration of the transfer of land rights, revision of article 40 paragraph (1) Government Regulation Number 24 the Year 1997.Keywords: Land Rights Transfer, delay, Community Legal Awareness]]>
<![CDATA[Object Index ]]>
<![CDATA[Rahadi Wasi Bintoro]]>
<![CDATA[ Authentica Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
