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Authentica : Privat Law Journal
Published by Universitas Jenderal Soedirman
ISSN : 26554763     EISSN : 26554771     DOI : http://dx.doi.org/10.20884/1.atc.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 2, No 1 (2019)" : 7 Documents clear
Notary Professional Legal and Ethical Liability for Deed Reading Obligations Made by Notaries Chandra Kurniawan Setyabudi
Authentica Vol 2, No 1 (2019)
Publisher : 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

Abstract

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
Financial Transaction Prevention Mechanism Suspicious By Notary Nikita Mikail Akbar
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2019.2.1.62

Abstract

This research is to analyze the mechanism of the notary in avoiding Suspicious Financial Transaction to the deed he made. Researchers use the statutory approach and conceptual approach in normative research. Based on the research that has been done, the notary mechanism in avoiding suspicious financial transactions by applying the principle of recognizing service users with procedures through the identification of Service Users, verification of Service Users; and monitoring of User Transactions. The principle of recognizing service users for notaries required by the PPATK and the Minister of Law and Human Rights basically synergizes and is not too different from the introduction of service users conducted by a notary public before the application of the obligation to recognize service users is regulated in Minister of Law and Human Rights Regulation Number 9 of 2017. Keywords: Notary; Suspicious Financial Transactions; Recognizing Service Users
Acquisition Cost of Land and Building Rights Based on Buying and Selling Singgih Permana Adhi
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2019.2.1.58

Abstract

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.
Additional Workload for Notaries Rahadi Wasi Bintoro
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

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Abstract

Absolute Power on Land Rights Binding Agreement (Study of Verdict No. 698K/Pdt/2017 and Number 483/Pdt.G/2013/PN.Bdg) Rizal Aditya Nugraha
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2019.2.1.59

Abstract

In the sale and purchase of land rights transactions, before the parties make a sale as outlined in the form of a Purchase Deed made before the Land Deed Maker Officer, the parties first make an agreement made in the form of an authentic deed made before a notary called with the Sale and Purchase Agreement (PPJB). Binding Agreement of Purchase made by a notary is always followed by a power of attorney called absolute power of attorney. According to the Instruction of the Minister of Home Affairs No. 14 of 1982, the use of absolute power is prohibited from using it for the transfer of land rights. This study aims to analyze the validity of granting absolute power clauses in the Purchase Binding Agreement which is used as the basis for the transfer of land rights and analyzing the application of absolute power in the Land Purchase Binding Agreement for land rights, especially against Decision Number 698K / Pdt / 2017 and Number 483 / Pdt. G / 2013 / PN.Bdg. The research method used is normative juridical research by examining secondary data, supplemented by a legislative approach and a case approach. This type of research is Analytical Descriptive using legal inventory research, legal principles, legal discovery in concreto. Data analysis was performed using the Normative Qualitative analysis method. The results of this study indicate that: (1) The validity of the absolute power which is entered as a clause in the Binding Agreement of Purchase is valid. Purchase Binding Agreement as a preliminary agreement (Pactum De Contrahendo) which gave birth to the granting of absolute power clause is an inseparable unit of the Purchase Binding Agreement so that the granting of an absolute power clause in the Sale and Purchase Agreement is not included in the absolute power of attorney which is prohibited by applicable laws and regulations. (2) a. Decision Case Number 698K / Pdt / 2017, the granting of absolute power which is used as the basis for the transfer of land rights is invalid because the absolute power of attorney is not based on the principal agreement, thus contradicting the Instruction of the Minister of Home Affairs Number 14 of 1982. b. Decision Case Number 483 / Pdt.G / 2013 / PN.Bdg, the granting of absolute power which is used as the basis for the transfer of land rights is legal, because the absolute power of attorney is based on the principal agreement, so it does not conflict with the Minister of Home Affairs Instruction Number 14 of 1982. Keywords: Binding Agreement of Purchase; Absolute Power of Attorney; Instruction of the Minister of Home Affairs No. 14 of 1982.
Index Subject Rahadi Wasi Bintoro
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

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Abstract

Index Subject
Authentication of Deed of Minutes of General Meeting of Shareholders Implemented With The Concept of Cyber Notary Reviewed From Article 16 Paragraph (1) Letter M of Law No. 2 of 2014 On Notary Department Reza Amrullah
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2019.2.1.61

Abstract

Cyber Notary is the use or utilization of information technology such as computers, computer networks, and/or other electronic media, such as teleconferences or video conferences in carrying out the tasks of the authority of a Notary Public. This study analyzes the authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the Cyber Notary concept and the proof of the minutes of the General Meeting of Shareholders held with the concept of Cyber Notary. The research method used in this study is normative juridical. The source of legal material in this research is secondary legal material. This Legal Material Analysis Method is Normative Qualitative. Based on the results of the study found that Authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the concept of Cyber Notary can be done by means of a Notary does not need to be present during the General Meeting of Shareholders of the Cyber Notary takes place. If the Notary is present directly at the meeting then it is actually dangerous for the Notary, because in the Cyber Notary RUPS there are meeting participants who attend using teleconferences or video conferences that do not allow the Notary to get to know all meeting participants who were present at the meeting. Making Deed of Minutes of the meeting is sufficient to be made by a Notary based on the Minutes of Meeting under the hand of the authorized shareholders to the Board of Directors to be drawn up by a Notary. Keywords: Strength of Proof; GMS Deed; Cyber Notary.

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