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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 5, No 2 (2022)" : 7 Documents clear
Legal Consequences and the Role of Notaries on the Deed of Establishment of the Foundation Pre and After the Enactment of the Foundation Law (Case Study of Deed of Establishment of Christian College Service Provider Foundation No.17 of 1991 and Deed of Establishment of Christian College Service Provider Foundation No. 2 of 2011) Timotius Eric Haryanto
Authentica Vol 5, No 2 (2022)
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.2022.5.2.271

Abstract

The case study in this legal research is Yayasan Penyelenggara Pelayanan Perguruan Kristen (YPPPK) which exist two Deed of Establishment, namely in 1991 and in 2011. The purpose of this legal research is to determine the legal consequences of the deed of establishment and the role of public notary before and after the enactment of the foundation law on YPPPK’s Deed of Establishment in 1991 and 2011. The research method is normative with a statutory, case, and conceptual approach. The data used are secondary data obtained from research literature including primary, secondary and tertiary legal sources. The results of the research is that YPPPK should be liquidated or made a Deed of Meeting Resolution contain statement regarding the resemblance of YPPPK 2011 and 1991, because when the Foundation adjusted their Articles of Association towards the Law on Foundation, the Notary did not conducted their role properly which is making a deed in accordance to Government Regulation No. 2 of 2013 after the establishment of Law on Foundation. Keywords: Foundation; Deed of Establishment.
Electronic Land Registration System at the National Land Agency rokhimatul rokhimatul khasanah
Authentica Vol 5, No 2 (2022)
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.2022.5.2.291

Abstract

Lan registration aims to provide legal certainty. National Land Agency as the appointed institution to carry out land registration, has progressed by providing land services and mortgages electronically. This study aims to examine the procedure for registering land with an electronic system at the Land Office and the application of theory/principle of land registration with an electronic system. This research applied normative juridical with a statute approach and case approach. The reference of this study is that the government and land registration organizers, i.e. the Ministry of National Land Agency, should re-evaluate, the completeness and quality of the electronic land registration system. This is done so that users of the electronic registration system feel more benefits and ease in using the service. The government and land registration organizers should also hold socialization of electronic technology training to National Land Agency employees, Land Deed Officials and the community in general. So that in carrying out registration with this electronic system, it can be mastered by users of the electronic system as a whole. Keywords: procedure, land registration, electronics.
The Role of the Honorary Tribunal of the Notary of the Territory at the Request of Law Enforcement Against Alleged Violations by the Notary Eli Erlina
Authentica Vol 5, No 2 (2022)
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.2022.5.2.298

Abstract

The Honorary Panel of Notaries rejected the investigator's application for approval in the judicial process. The rejection of the case was carried out by testing article 66 of Law Number 2 of 2014 concerning the Position of Notary at the Constitutional Court. This study aims to analyze the role of the Regional Notary Honorary Assembly at the request of law enforcement against alleged violations by notaries, and to analyze the reasons for the refusal of the Regional Notary Honorary Assembly to the application for examination of the Notary by police investigators. The approach method used in this study is normative juridical which is prescriptive. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study show that: The role of the Regional Notary Honorary Council in responding to the request of the investigator to present as a witness or suspect in the case that is resolved, the Regional Notary Honorary Council can refuse and or grant the request, very much depends on the objective conditions at the time of the examination of the notary. The reason for the Regional Notary Honorary Council refusal to the investigator's request to present a Notary as a witness or suspect, if from the results of the hearing the examination of the object in the Deed before the Deed was made was carried out in accordance with the standard operating procedures according to theKeyword: the Regional Notary Honorary Council; Law Enforcement; Offense Notary 
Change in the Status of an Individual Company and Its Legal Consequences in Terms of Article 153h of the Government Regulation in Lieu of Law of the Republic of Indonesia Number 2 of 2022 Concerning Job Creation Dianita Prihandini
Authentica Vol 5, No 2 (2022)
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.2022.5.2.269

Abstract

This research examines the change in status of an individual company to a limited liability company based on Article 153H of the Government Regulation in Lieu of Law of the Republic of Indonesia Number 2 of 2022 concerning Job Creation. The problems formulated are, first, how the role of the Notary in the process of changing the status of the individual company and second how the legal consequences arising from the change in the status of the individual company based on the Government Regulation in Lieu of the Law of the Republic of Indonesia on Job Creation. This type of research is normative juridical with a statutory approach and conceptual approach. The method used is a literature study, and the data is processed non-statistically and assessed descriptively and qualitatively. The results of the study concluded, first, that there is a role of a Notary in the change of status, namely, first as an official authorized to make deeds in the process of changing status, second, registering changes in the status of individual companies to the Minister of Law and Human Rights of the Republic of Indonesia, as regulated in the government regulation in lieu of the law and its implementing regulations, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 21 of 2021 concerning Requirements and Procedures for Registration, Establishment, Changes, and Dissolution of Limited Liability Companies, secondly, the legal consequences for individual companies that change their status, namely that the individual company is not dissolved first, but continues to be a limited liability company with the capital partnership. Keywords: the role of Notary; Individual Company; status change.
Legal Consequences of Not Applying the Prudential Principle in the Sale and Purchase Agreement by the Land Deed Official Fira Fairima Fiorentina
Authentica Vol 5, No 2 (2022)
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.2022.5.2.314

Abstract

The Land Deed Official as the official authorized to issue the Authentic Deed is obliged to examine the truth of the documents that are a requirement in the issuance of the Notarial Sale and Purchase Agreement. In practice, there are  Land Deed Officials who ignore the obligation to examine the documents brought by the parties as in the case of Muslims in Decision Number 538/Pid.B/2019/ PN.Pdg where there is a forgery of signatures by the parties in the agreement to make a Notarial Sale and Purchase Agreement, the testimony of the reporting witness which was later corroborated by the results of the criminalistics laboratory examination showed that the signature in the Notarial Sale and Purchase Agreement was declared non-identical to the actual signature, as a result, the Notarial Sale and Purchase Agreement caused losses to other parties. Notarial Sale and Purchase AgreementNotarial Sale and Purchase Agreement Based on these problems, it raises the question of what are the legal consequences of not applying the prudential principle in the Notarial Sale and Purchase Agreement by the Land Deed Official and what are the legal consequences of the validity of the Notarial Sale and Purchase Agreement which is proven to have forged signatures in the deed. The research method used is normative juridical research using a statutory approach and a case approach using data collection methods through documentation studies and literature studies of court decisions. The result of the research is that a Land Deed Official who does not apply the principle of prudence can be subject to administrative sanctions following the mistakes made, as for the validity of the Notarial Sale and Purchase Agreement which is proven to have a forged signature, the Notarial Sale and Purchase Agreement is declared null and void. A Land Deed Official in making an authentic deed must pay attention to the prudential principle, one of which is by requiring the parties to be present in person and checking the authenticity of the parties' identities to prevent identity forgery in making a Notarial Sale and Purchase Agreement. prudentialNotarial Sale and Purchase AgreementNotarial Sale and Purchase Agreement Keywords: Prudential Principle; Notarial Sale and Purchase Agreement; Land Deed Official; Forgery of Signature.Notarial Sale and Purchase Agreement
Applicability of the Deed of Agreement for Unilateral Termination of the Build Operate Transfer (Bot) Cooperation Agreement After the Court's Decision Rostna Qitabi Anjilna
Authentica Vol 5, No 2 (2022)
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.2022.5.2.270

Abstract

The Government of Indonesia uses the Regional Revenue and Expenditure Budget to finance infrastructure development and regional development. To avoid high development costs, the government opens up opportunities for the private sector to invest in state assets (land) with the Build Operate Transfer system (hereinafter referred to as BOT). In the BOT model, the government permits the private sector to build and operate the project for a certain period. As an unnamed agreement, there has been no specific arrangement regarding cooperation with the BOT system. Therefore, the BOT agreement was born based on the freedom of contract as regulated in Article 1338 of the Civil Code. This agreement tends to cause legal problems such as unlawful acts. This research method is normative with secondary data sources using primary, secondary, and tertiary legal materials. In the event of unilateral termination of the BOT agreement, it still refers to Article 1266 of the Civil Code. If one of the parties has not fulfilled all the elements contained in Article 1266, the responsibility for unilateral termination is compensation. Keywords: Unilateral Termination; Build Operate Transfer, Enforcement of Deed of Agreement
Responsibility of Notary/Land Deed Official on Joint Title Deed Based on Incompatible Inheritance Certificate Shintia Paramitha Dewi
Authentica Vol 5, No 2 (2022)
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.2022.5.2.350

Abstract

This article aims to know how the Land Deed Official’s (In Indonesia: PPAT) responsibility for the incompatible inheritance statement was made. The Land Deed Official has the authority to make a deed based on the legal basis of Article 7 paragraph (1) Government  No. 24/2016 amending Government No.37/1998 concerning the Regulation of the Position of Land Deed Officials. Some people are dishonest in telling the truth about the administrative requirements, causing losses to several parties. This study uses a normative juridical method by conducting a literature study. The data used in this article are primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study carried out are that a notary/Land Deed Official must be willing to make improvements if it is known that the inheritance information that has been made is not following what it should be. If the Notary/ Land Deed Official is not willing to revoke it, then the revocation can be done by filing a lawsuit against the Notary/Land Deed Official. When it is known that the court's decision has permanent legal force, the Notary/ Land Deed Official can be held civilly responsible by making compensation, costs, or interest if the deed made causes losses to several parties. The involvement of cooperation indicators in falsifying the deed, even the sale and purchase of the deed with the realization that there is inappropriate information, the Notary/ Land Deed Official can be criminally responsible. It can be concluded that the Notary/ Land Deed Official is responsible for the originality of the deed he/she made, including in making the Certificate of Inheritance. Keywords: Information doesn’t match; inheritance; Notary; Land Deed Official.

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