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Irma Rachmawati
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Jln. Sumatera No. 41, Bandung, West Java, Indonesia.
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INDONESIA
i-Latinnotary Journal: Internasional Journal of Latin Notary
Published by Universitas Pasundan
ISSN : -     EISSN : 27466159     DOI : https://doi.org/10.55904/journal.v2i1
Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, Women Studies, Hospitality, and Tourism. etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
The Duties and Liability of Notary as Public Official in Criminal Law Perspective Jaya Kesuma
International Journal of Latin Notary Vol 1 No 1 (2020): Internasional Journal of Latin Notary, Vol. 1, No. 1, September 2020
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.976 KB) | DOI: 10.55904/journal.v1i1.1

Abstract

A notary always leads to criminal relations in their daily profession. The Notary has to the extent their precautionary principle to prevent the malpractice practice. Mant regulations and the ethics code of the profession must have appropriate attention to protect their profession. Duties and Responsibilities of the Notary as a General Officer of the Criminal Law Perspective, which constitutes the scope of the parameters of the Notary's actions in his authority. With the hope that the Notary profession must maintain the integrity and nobleness in the future, the Notary will be a partner of law enforcement officers in providing the best legal services for the community.
The Power of Authentication of Notary Deed in Justice in Indonesia Umi Maskanah; Dian Melinda Oktavia
International Journal of Latin Notary Vol 1 No 1 (2020): Internasional Journal of Latin Notary, Vol. 1, No. 1, September 2020
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.149 KB) | DOI: 10.55904/journal.v1i1.2

Abstract

Next to examine the second possibility of the matter in the case of the creation of the notarial deed itself so that the problem with the legal position (the Authentic Deed) in the courts, can be modeled due to the notary's lack of caution, so that the Authentic Deed is declared invalid (vide article 263 paragraph (1) CRIMINAL CODE), and/or in the absence of negligence of applying article 39 and article 40, then the notary can be made a party (defendant or secondary defendant) in the plaintiff's lawsuit, because according to Article 65 UUJN, a notary is responsible for any deed made by that notary, even if the notary protocol has been handed over to the depository of the notary protocols. Then the notary liability does not end even though the notary has retired, so that at any time he can be held accountable for a deed made before. In addition, there is a consequence that faces a notarial deed that is proven not to apply Article 39 and article 40, so that its power of evidence (in the trial) becomes like a private deed. In practice, a notary is often drawn to participate in or act as a party to a criminal offence, such as putting false information in a notarial deed. It is an interesting matter to examine, because as it is known that a notarial deed as an Authentic Deed has the power of authenticating the deed as perfect, and binding for the judge to believe the contents of the notarial deed are true, in accordance with what has been explained by the parties in the deed, then in my opinion, a Notary cannot be drawn into participating in conducting or assisting in the criminal offence of providing false information in a notarial deed. Because the Notary in making an Authentic Deed is passive, but if it is proven after the examination by the Regional Supervisory Council, and the Regional Supervisory Council has allowed the Notary in question to be examined, then the Notary can be seated as the Defendant.
The Concept of Statement of Heirs to Support Legal Certainty in Indonesia Udin Nasrudin
International Journal of Latin Notary Vol 1 No 1 (2020): Internasional Journal of Latin Notary, Vol. 1, No. 1, September 2020
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.504 KB) | DOI: 10.55904/journal.v1i1.3

Abstract

With regard to the concept of the statements of heirs to provide legal certainty, the notary is the only person authorized to draft the statements of heirs for all Indonesian citizens regardless of their classes. It is based on the UUJN (Law on the Role of Notaries) which states that notaries are authorized to establish evidence in the form of authentic deeds, including the statements of heirs. Notaries are legally established as the only officials or institution which is authorized to create the statements of heirs for all Indonesian people contained in Article 15 paragraph (1) of UUJN, on the authority of notaries to make authentic deeds. The position of Notary has its own authority, and the position itself must have legal rules, as a limitation so that the office can run well and not conflict with the authority of other positions. Making an heir's statement by a notary for all Indonesian citizens without any discrimination is in line with the concept of state law, and fulfills the legal certainty and equality before the law. Likewise, the notary's authority in making evidence as an heir or an heir's statement is also protected by UUJN, a step in line with Development Law Theory.
Liability of Land Deed Official (The PPAT) on Falsifying Document Under Indonesian Land Regulations Muhammad Ilham Sumartoputra; Firman Turmantara Endipradja
International Journal of Latin Notary Vol 1 No 1 (2020): Internasional Journal of Latin Notary, Vol. 1, No. 1, September 2020
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.509 KB) | DOI: 10.55904/journal.v1i1.4

Abstract

Head of Sub-District as Temporary Land Registrar can be said to have the same authority as PPAT as official land deed maker, however in practice the Sub-District Head as Temporary PPAT often ignores existing regulations regarding deed, such as not reading the deed so that the contents of the land sale certificate cannot be understood by party. In addition, in the contents of the document there are many "entries" that are left blank so that doubts about the legal power of the deed he made becomes real. Based on the foregoing, the identification of the problem carried out is how the camat's responsibility as the official maker of temporary land deeds to the parties harmed by the deed he made is related to Government Regulation No. 37 of 1998 concerning Land Deed Officials, how to protect the parties in making authentic deeds by the sub-district head as the official maker of temporary land deeds are associated with Government Regulation No. 37 of 1998 concerning Officials of Land Deed and How to Settle due to the Sub-District's negligence in making authentic deeds by camat as temporary land deed official. The specification of the research carried out is descriptive analytical, namely research by describing systematically, accurately, actually and comprehensively regarding the Acting Land Acting Officer. Method The approach used is normative juridical, namely research on legal principles carried out with legal norms which is a benchmark for behaving. The research phase used is through library research and field research. The conclusion in this thesis is the responsibility of the subdistrict head as the official of the deed of land against the parties who were harmed by the deed he made related to Government Regulation No. 37 of 1998 concerning the Acting Officer of Land Deed, while holding the responsibility accountable for negligence resulting in another person suffered losses, a form of accountability by receiving civil sanctions. The form of this civil sanction is with reimbursement of costs, interest and compensation, so that if an act is detrimental to the parties in making a deed, then the camat is responsible for all losses suffered by the parties. In addition, the legal protection of the parties in making authentic deeds by the camat as the official maker of temporary land deeds associated with Government Regulation No. 37 of 1998 concerning Land Deed Makers is the Camat as the head of the region has the duty and authority to advance his territory and is authorized in making authentic deeds, this is due to the legalization of the sub-district head as the official maker of temporary land deeds. Therefore, the parties are obliged to obtain legal protection from legal products issued by the Camat as temporary land deed-making officials.
Legal Protection of Medical Staff in Hospitals during The Covid-19 Pandemic Era Elli Ruslina; Rita Sekarsari
International Journal of Latin Notary Vol 1 No 1 (2020): Internasional Journal of Latin Notary, Vol. 1, No. 1, September 2020
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.077 KB) | DOI: 10.55904/journal.v1i1.5

Abstract

This research begins with the Covid-19 pandemic which requires serious control because it has had a dangerous impact on society, especially health workers in hospitals. The research focus is aimed at the legal protection of health workers in hospitals and the state's responsibility for health workers. The research method used is library research, which is a method used by studying literature such as books, legislation and articles, journals related to the subject matter. Primary data used in field research, through interviews with related parties, namely hospitals and health workers. The focus of the discussion is to emphasize more on laws and regulations related to Social Distancing / Physical Distancing policies as regulations for legal protection of health workers as the frontline and state responsibility for health workers. The results showed that various laws and regulations as a policy for handling Covid-19 cannot be realized concretely in the field because they are related to different bureaucracy and implementation. The role of the state in the responsibility for health workers is not The responsibility of the state in this case is that the Government and Administrators of Health Service Facilities are obliged to ensure the sustainability of the availability of standardized Personal Protective Equipment (PPE) for health workers who work in health service facilities.
DIGITALIZATION OF THE COURT IN THE SETTLEMENT OF CASES Yusep Mulyana
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.752 KB) | DOI: 10.55904/journal.v1i2.6

Abstract

Digitalization of information is the process of converting various information, news, or news from an analog format into a digital format so that it is easier to produce, store, manage, and distribute. Court services have been initiated since the issuance of the 2010-2035 judicial reform blueprint. The process of digitizing court services begins with document administration, with the application of the SIPP which then extends to case processing from registration to the issuance of decisions that have legal force. Electronic justice where all case related processes can be served on e-court and e-litigation applications. Applications in court can continue to develop along with the demands of the justice seekers' needs.
JUDGMENT FREEDOM MODEL IN JUDGING CORRUPTION CRIMINAL CASES Maman Budiman
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (190.479 KB) | DOI: 10.55904/journal.v1i2.7

Abstract

The independence of judges is based on independence, therefore it is guaranteed in law. Judges adjudicating corruption cases must be professional, clean, honest, courageous and free from intra-judicial and extra-judicial influences. The problem in this research is how the model of freedom of judges in judging cases of corrup-tion in the Corruption Court, especially in the Corruption Court at the Kls I A District Court in Bandung. This research was carried out with a normative and empirical juridical approach, namely studying legal materials systematically to discuss problems obtained from literature studies, by analyzing a legal problem through the concept of legal philosophy associated with the freedom of Judgment in adjudicating corruption cases and The data obtained were ob-tained from field research and interviews. The purpose of this research is to examine the model of Judgment freedom in examining, adjudicating and deciding cases of Corruption Crime, while the benefits of this research are expected to produce scientific work that is beneficial for the development of legal science as well as material for scientific work that will be published in the National Journal., as well as teaching material for students of the Faculty of Law in particular who take courses in Criminal Law, Criminal Procedure Law and Legal Philosophy. From this research, it is found that judges in deciding cases of corruption can apply existential freedom and social freedom to produce a just decision based on the one and only Godhead.
THE LEGAL PROPERTIES OF INDEMNITY AS PREVENTION OF OWNERSHIP AND IMPLEMENTATION OF CONVERSION OF LAND RIGHTS BASED ON LAW NUMBER 5 YEAR 1960 CONCERNING AGRARY BASICS Wita Pemerhati Rasa; Subarsyah; Deden Sumantry
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (149.241 KB) | DOI: 10.55904/journal.v1i2.10

Abstract

Many lands have not been registered or have not had a certificate but have been owned by community members with evidence of a land certificate issued by the village head. These unregistered lands are generally found in rural areas where a village head's land certificate only proves land ownership rights. This study questions the concept of the basis for the Indemnity Certificate as the initial evidence of the implementation of the Conversion of SKGR legal status as preliminary evidence of performance and legal protection against the holder of the indemnity certificate in the implementation of the transformation based on Law No. 5 of 1960 concerning the Agrarian Principles. The research method used is descriptive analysis with normative juridical research specifications. Secondary data as primary legal material, the research stage in the form of literature study and field data and data collection techniques used in the form of literature study and to complete data are used field data, data analysis used is in the form of linking legal theory with one statutory regulation with one another. Research Results from the concept of a title in the form of a Compensation Certificate as the initial evidence of the implementation of the Conversion Based on Law No. 5 of 1960 concerning Agrarian Principles, this compensation certificate is made by interested parties, namely the party whose land is compensated and the party giving the loss (the buyer). The concept is quite simple, starting with the head of the local community's testimony, then it is found out by the Village Head that it was confirmed by the and witnesses. Legal Status of Indemnity Certificate as Preliminary Evidence of the implementation of the Conversion based on Law No. 5 of 1960 concerning Agrarian Principles, every holder of a Compensation Certificate is obliged to convert the base of their rights in the land registration system. Preventive legal protection provided to Land Ownership Certificate Holders in good faith, which is regulated in the provisions of Article 32 paragraph (1) and paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration which states that: Paragraph (1): certificate is a proof of rights which is valid as a powerful means of burden proof.
VIRTUAL HUB FOR SMALL MEDIUM ENTERPRISES (SMES) IN INDONESIA AND MALAYSIA (POSH COSH AND HERBAL PRODUCT CASES) Huda Ibrahim; Suwannit Chareen Chit; Irma Rachmawati
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.139 KB) | DOI: 10.55904/journal.v1i2.11

Abstract

ASEAN countries are a melting pot of 617 million people with rich culture and unique skills and can only be found in this part of the world. Over the decades, this region had seen immense transformation due to the economic boom but still retained its historical identity. It is no wonder that one can see a blend of modern sophistication and traditional lifestyle existing side-by-side in ASEAN Countries today. Small Medium Enterprises (SMEs) are integral to the ASEAN Member States' economic development and growth. They vastly outnumber larger enterprises in both the number of establishments and share of the labor force they employ. The result of this hub requires active participation by multiple stakeholders, particularly the entrepreneurs. Therefore, their views are valuable to us and will be taken into consideration. It is hoped that the principles of openness, user-centricity, and stakeholder participation are upheld.
THE EFFECTIVENESS OF THE LAW ENFORCEMENT OF HEALTH PROTOCOLS IN EFFORTS TO PREVENT AND CONTROL COVID-19 BY SATPOL PP, BANDUNG CITY Tira Andhika Handayani; Wawan Kurniawan
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.004 KB) | DOI: 10.55904/journal.v1i2.12

Abstract

SARS-CoV-2 or better known as the Corona Virus is the virus that causes the Covid-19 pandemic. In several countries, including Indonesia, the problem of handling the spread of the corona virus pandemic (Covid-19) continues to be carried out. Since August 2020, the Regional Government of Bandung City has effectively implemented Bandung City Regulation Number 37 of 2020 concerning Guidelines for Adaptation of New Habits in the Context of Prevention and Control of Corona Virus Disease 2019. As a leading sector in suppressing the level of spread of the virus, the Bandung City Satpol PP has carried out . One of the efforts made by the Satpol PP as the implementer of the Bandung City government policy is by making several efforts ranging from socialization, appeals to enforcement. The Satpol PP, assisted by the joint apparatus of the National Police and the National Police, enforces restrictions in several areas that have the potential to accumulate masses at one point, such as areas that are densely populated with street vendors, cafes, parks etc. Law enforcement carried out by the Satpol PP is solely carried out to provide an understanding of the citizens of the importance of maintaining personal health and the environment during the current pandemic. The enactment of the Bandung mayor Regulation, Number 37 of 2020 concerning Guidelines for Adaptation of New Habits in the Context of Prevention and Control of Corona Virus Disease 2019. The number of people exposed to not using a mask is still a lot. The effectiveness of implementing health protocols becomes a question when the level of spread and the level of violations of health protocols is still relatively high.

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