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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 84 Documents
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Object Index Rahadi Wasi Bintoro
Authentica Vol 3, No 2 (2020)
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.2020.3.2.230

Abstract

Partnership Agreement PT. Go-Jek Indonesia In View of Civil Code of Law ANNISA RIZQI PRADANI
Authentica Vol 4, No 1 (2021)
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.2021.4.1.136

Abstract

PT. GO-JEK Indonesia gives a fresh breeze to the base motorcycle taxis who just sit and wait for passengers to be able to join as partners, the drivers must cooperate with the company. The cooperation is expressed in the form of a partnership agreement. The problem occurs because the driver does not understand the partnership agreement and raises the impression of imbalance between the parties, the driver demands to be made an employee or worker. This research aims to analyze PT partnership agreement. GO-JEK Indonesia with drivers is reviewed according to the Civil Code. This research uses normative juridical approach methods to analyze partnership agreements as what is written in the legislation.  Partnership agreements made by PT. GO-JEK Indonesia and drivers comply with Article 1313 of the Civil Code and have fulfilled the legal element of article 1320 of the Civil Code both subjective and objective requirements. Partnership agreements made in formil are written in black and white and made electronically (online). The partnership agreement contains detailed reciprocal agreements containing the rights and obligations of each of the parties. Partnership agreements are a type of nameless agreement whose rules are subject to the general rules of chapters I, II,IV of book III, and the principle of freedom of contract. Elements of the partnership agreement differ from the elements of the employment agreement. Keywords: Agreements, Partnership Agreements, PT. GO-JEK Indonesia
Rejection of Notary Honorary Assembly Approval as Obstruction of Justice Qualification for Criminal Law Enforcementrejection of Notary Honorary Assembly Approval as Obstruction of Justice Qualification for Criminal Law Enforcement Alif Ridwan
Authentica Vol 4, No 1 (2021)
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.2021.4.1.137

Abstract

Article 66 paragraph (1) in conjunction with Article 66 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary Public is a form of protection for notaries, however the Notary Honorary Council is deemed to obstruct the enforcement of criminal acts or is known as obstruction of justice. Based on this, whether the rejection of MKN approval can qualify as an obstruction of justice in criminal law enforcement. This study aims to analyze the qualifications of MKN approval as a category of Obstruction of justice in criminal law enforcement. The authors use normative juridical research methods. The result of the research is that the rejection of MKN Approval is not a qualification for obstruction of justice in criminal law enforcement as long as it is done in good faith. The approval of the Notary Honorary Council is a rechtmatig act because it is regulated in Article 66 paragraph (1) UUJN. Rejection of MKN Approval is a legal protection for Notaries in carrying out their profession in a preventive manner. Based on Article 66 of Law Number 2 of 2014 concerning Notary Position and Regulation of the Minister of Law and Human Rights Number 7 of 2016 concerning the Notary Honorary Council and the principle of legality, rejection of the request for MKN approval has legal consequences to stop or hinder the investigation process. Therefore it is necessary to amend Article 66 of Law Number 2 of 2014 concerning the Position of Notary Public. In addition, there is also a need for amendments to Article 27 of the Regulation of the Minister of Law and Human Rights Number 7 of 2016 concerning the Notary Honorary Council which contains a clause on the conditions that the Notary Honorary Council can refuse. Keywords: Approval, Notary Honorary Council and Obstruction Of Justice
The Criminal Act of Falsification Authentic Deeds by Notaries in Adjusting the Status of the Foundation Rifa Fadlillah
Authentica Vol 4, No 1 (2021)
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.2021.4.1.138

Abstract

Yayasan diatur dalam Undang-Undang nomor 16 tahun 2001. Yayasan yang telah ada sebelum undang-undang ini wajib melakukan penyesuian anggaran dasar sesuai dengan ketentuan undang-undang yayasan guna tetap diakui sebagai badan hukum. Namun kenyataanya banyak permasalahan yang timbul yaitu tidak dapatnya sebuah yayasan untuk menyesuaikan anggaran dasarmya karena daluarsa waktu. Notaris sebagai pejabat umum yang berperan sebagai pihak yang dapat membantu menyesuaikan anggaran dasar yayasan ternyata tidak luput dari masalah yang timbul akibat dari penyesuaian anggara dasar tersebut. Salah satu masalahnya adalah dianggap melakukan pemalsuan terhadap akta perubahan anggaran dasar.Metode penelitian yang digunakan adalah yuridis normatif, dengan metode analisis data normatif kualitatif.Hasil penelitian dalam pertimbangan hakim memutus perkara pemalsuan akta otentik telah berdasar kepada unsur-unsur yang ada dalam pasal 264 KUHP, namun hal tersebut diarasa kurang tepat karena hanya berdasar pada ketentuan yang ada dalam KUHP saja, seharusnya hakim juga melakukan pertimbangan dengan melihat ketentuan yang ada dalam undang-undang jabatan notaris. Status yayasan yang tidak dapat menyesuaikan anngaran dasar sesuai dengan ketentuan pasal 71 undang-undang yayasan tidak dapat menggunakan kata yayasan di depan nama yayasannya dan juga tidak diakuinya yayasan tersebut sebagai badan hukum dan dapat diminta pembubarannya berdasar putusan pengadilan atau atas dasar permintaan para pengurusnya.Kata kunci: Pemalsuan Akta Otentik, Yayasan, Penyesuaian Anggaran Dasar Yayasan.
The Role of Notaries in Making Sharia Banking Contract Deeds in Post-Constitutional Court Decisions Number 93/Puu-X/2012 Alun Windari Praptonowati; Sulistyandari Sulistyandari; Rahadi Wasi Bintoro; Suyadi Suyadi
Authentica Vol 4, No 2 (2021)
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.2021.4.2.155

Abstract

Notaries in the making of sharia contract acts are required to have an understanding of sharia contracts and laws. This study is to determine the application of the choice of forum in the settlement of Islamic banking disputes after the Constitutional Court decision Number 93 / PUU-X / 2012 concerning the Review of Law No. 21 of 2008 on Islamic Banking. As well as the role of the notary in making the Islamic banking deed and after the decision. The method used in this research is the normative legal method. There are three approaches used in this, as following: normative juridical research, namely the case, statutory and conceptual approach. The results of the research showed that after the issuance of Decision Number 93 / PUU-X / 2012, the settlement of Islamic banking disputes is an absolute authority within the Religious Courts (in litigation). This affirmation of the authority of the Religious Courts is supported by Perma Number 14 of 2016 concerning the Settlement of Sharia Economic Cases. The role of a notary in making sharia deeds must apply sharia principles in line with the Sharia Banking Law Number 21 of 2008 and it is important for a notary to have sharia certification so that its legality can be recognized. The role of the notary after the Constitutional Court Decision Number 93 / PUU-X / 2012 by stating that the settlement of sharia banking disputes is the absolute authority of the Religious Courts in making sharia deeds. In conclusion the Constitutional District Court is no longer authorized to resolve sharia economic disputes.Keywords: Sharia Contract, Choice of Forum, Role of Notary, Sharia Banking, Constitutional Court Decision Number 93 / PUU-X / 2012, Dispute
The Policy of The Regional Supervisory Board in Overcoming Business Competition Problems in The Determination of Honorarium By Notaries in The Kuningan District Mochamad Sesar Dwisepta; Kadar Pamuji; Kartono Kartono
Authentica Vol 4, No 2 (2021)
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.2021.4.2.158

Abstract

The role of the Regional Supervisory Board (hereinafter referred to as Supervisory) in supervising Notary is very important, the goal is that Notary in carrying out their duties in their positions remain within the corridors of statutory regulations and the code of ethics. This study aims to determine the extent of the role of the Supervisory in supervising Notary in determining Honorarium outside the Rules of Notary Profession and under association provisions. This type of research is normative juridical. The method used in this research is literature study and interviews by interviewing several Notary and the chairman of the Regional Supervisory Board as respondents. The data obtained were analyzed using qualitative analysis techniques and then described. The results of the study show that the Regional Supervisory Board regarding its role in supervising Notary who determine the honorarium under the stipulations of the association and the Law on Notary Position can be summoned if there is a prior report from the public, however, the Supervisory should work and be active in terms of supervising Notary, because the Supervisory according to article 1 number 6 of the Rules of Notary Profession has given the authority to guide Notary.Keywords: Regional Supervisory Board; Notary; Role; Honorarium
Notary Responsibility For Forgetting Description in Assets or Letters According To Positive Laws in Indonesia Reni Kurniawati; Budiyono Budiyono; Rahadi Wasi Bintoro; Hibnu Nugroho; Handri Wirastuti Sawitri
Authentica Vol 4, No 2 (2021)
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.2021.4.2.167

Abstract

Notary profession is prone to legal entanglement. This is because notary internal factors such as carelessness, not complying with procedures, not carrying out professional ethics and external factors such as the behavior of the community. This research is intended to find out and analyze the limitations of the element of letter forgery by Notary Public and Notary Accountability for falsification of information in deed or letter according to positive law in Indonesia. Normative juridical research methods. The data source is secondary data. The results of the study in the form of narrative text. Analysis of legal materials used is qualitative normative. The results of the study showed the limitation of the element of forgery of letters by notary public, can be seen in terms of the actions of the perpetrators and the harmed parties. There is an element of wrongdoing made by the perpetrators and the injured parties are the parties in the deed made by notary public. Notary Accountability for falsification of information in deed or letter according to positive law in Indonesia there are three, namely criminal, civil, administrative / ethical accountability. Notary should be careful in carrying out its work so that there are no mistakes and harm to the parties so that it can cause sanctions in the form of accountability.Keywords: Notary, Letter Falsification, Accountability 
Notary Role in The Making of Certificate Buy and Sell Binding Agreement For Legal Certainty Astri Rubbih; Sulistyandari Sulistyandari; Rahadi Wasi Bintoro; Sanyoto Sanyoto
Authentica Vol 4, No 2 (2021)
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.2021.4.2.161

Abstract

The role notary in making the sale and purchase agreement deed and the deed of power to sell and sell not appropriate, so there is no legal certainty for the parties who enter into the agreement before the notary. Decision 1603K/PDT/2013, an agreement that was originally payable with a guarantee certificate, but the deed was made a sale and purchase agreement. This type of research is normative or doctrinal legal research. The results of the research and discussion show that the Notary Public does not carry out his role in accordance with the Law on Notary Position, namely not fulfilling the authentic deed making procedure, not reading the deed he has made. Legal consequences for Notaries who do not play the role of a notary according to the Notary Code of Ethics for the Honorary Council may impose sanctions on the Notary. Suggestions from a Notary Public authorized in making Deeds are obliged to implement the provisions of the Law on Notary Position and the code of ethics. The legal consequence for a notary should be that a notary who does not carry out his role has his license revoked.Keywords: Role of Notary, Sale and Purchase Agreement (PPJB), Power to Sell
Optimization of Legal Protection For Laku Pandai (Branchless Banking) As A Micro Business Empowerment Effort By OJK in The Central Region S. Sulistyandari; Siti Muflichah; M Wiwik Yuni Hastuti
Authentica Vol 4, No 2 (2021)
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.2021.4.2.252

Abstract

The Laku PandaiProgram is a manifestation of OJK's commitment to support the Indonesian Government's programme of launching the National Strategy for Financial Inclusion, a part of which is branchless banking. Laku Pandai envisages provision of banking and / or other financial services not through an office network, but through cooperation with other parties and needs to be supported by the use of information technology facilities. Based on OJK data, the Laku Pandai programme has progressed; however, the Laku Pandai empowerment policy is still the focus of OJK in 2019-2020, because there are still several obstacles to its implementation. The Laku Pandai agent, as a micro business actor, needs empowerment. This study aims to examine legal protection, constraints, benefits and empowerment of the implementation of Laku Pandai. The research method used was normative and sociological juridical by the use of secondary and primary data, and data analysis using the normative qualitative method. The results of the study show that legal protection is not optimal, that there are several obstacles to the implementation of branchless banking from both agents and banks and that empowerment of micro branchless banking agents is very useful in achieving Government goals for the realization of inclusive finance in Indonesia.Keywords: Laku pandai, Legal Protection, Empowerment
Lurah’s Accountability For The Letter of Inheritance As Evidence Intan Rizki Putriana; Tri Lisiani Prihatinah; Siti Muflichah; Antonius Sidik Maryono
Authentica Vol 4, No 2 (2021)
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.2021.4.2.163

Abstract

Inheritance occurs because of the death of a family member. Currently, heirs can be limited with a Letter of Inheritance that can be made in the Kelurahan. This study aims to analyze the responsibility of the Lurah in making a Letter of Inheritance based on the inheritance system according to Islamic law in Indonesia. In addition, it is also aimed at analyzing the legal status of the Letter of Inheritance made by the Lurah as evidence. The research method used is normative juridical research. The results of the research, the Lurah and Camat are only administratively responsible in the process of recording the Letter of Inheritance, and are not responsible materially regarding the substance of the composition of Inheritaries. Other findings show that the Letter of Inheritance which was signed by the Petitioner legalized by the Head of the Village and the Camat, is an underhand letter.Keywords: Lurah, Letter of Inheritance, Islamic Law

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