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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
Core Subject : Humanities, Science, Education, Social,
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
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 5 Documents
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Search results for , issue "Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023" : 5 Documents clear
The Status Of Deeds Of Shareholders’ General Meeting Made By Notary Through Teleconference Media Based On The Law Number Two Of 2014 Vina Saptarina
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v4i1.53

Abstract

The provisions of Law Number 40 of 2007 concerning limited liability companies, specifically Article 77 Paragraph (1), stipulate that a General Meeting of Shareholders (hereinafter referred to as GMS) can be conducted through teleconferencing. Naturally, this provision facilitates shareholders in convening GMS meetings. Yet, in this case, Law Number 40 of 2007 does not provide a comprehensive explanation of the procedures for organizing a General Meeting of Shareholders (GMS). The organization of a General Meeting of Shareholders (GMS), wherein the minutes of the meeting are crafted directly by a notary in the form of an authentic deed, must conform to the regulations as stipulated in Law Number 40 of 2014 regarding the role and position of a notary. It is important to note that the minutes of a GMS conducted via teleconference, the aforementioned documentation, which will later be formalized into an authentic deed by a notary, must still adhere to the stipulations set forth in notary law. This compliance is essential due to the legal implications associated with the authentic deed and its impact on the notary's professional responsibilities. In this study, the normative-legal method was employed to analyze legal issues arising from and related to legal norms, as stipulated in statutory regulations. This approach was complemented by a library research method, specifically involving the examination of library materials. During this phase, the analysis of secondary data was conducted, encompassing an exploration of the legal norms, laws, and regulations applicable in Indonesia.
Legal and governance issues of donations based crowdfunding: an appraisal Mohd Zakhiri Md Nor; Alias Azhar; Irma Rachmawati; T. Subarsyah Sumadikara; Firman Turmantar; Deden Sumantry; Leni Wini Mulyadi; Tisni Santika; Hesti Septianita; Irum Saba
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v4i1.54

Abstract

Donation-based crowdfunding is now common in many countries in the world. It has been increasingly important, particularly during Covid-19, and is viewed as one of the strategies for addressing financial challenges in some segments of society. Government and non-governmental organizations. However, the scammer activities via crowdfunding are increasing and Malaysian laws are only regulated the Equity Crowdfunding (ECF) and Peer to Peer Financing (P2P) This paper will focus the discussion of Malaysia's legal framework for crowdfunding. The paper investigates the issues surrounding donation-based crowdfunding in Malaysia. This paper employs qualitative methodology and phenomenology as a case design. Data will be gathered from statues, journals, and other written materials. Thematic and content analysis will be used to analyse the data. This paper discovered that there are issues with donation-based crowdfunding conducted by individuals or non-governmental organizations. This paper concludes thatthere is a pressing need to regulate donation-based crowdfunding in Malaysia in order for it to achieve the donor goals and Maqasid Syariah.
Legal Consequence Towards An Authentic Act That Was Not Ready By Notary And Not Signed Jointly By The Parties Based On Law Of Notary Wa Ode Rahmi Utarid
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v4i1.57

Abstract

It is not uncommon for procedures to deviate from the stipulated statutory provisions in the process of creating an authentic deed, particularly concerning bank credit transactions. This pertains to the procedure of reading and signing legitimate deeds prepared by a Notary, notwithstanding the Notary's responsibility to recite the deed in front of an audience, with at least two witnesses, and to have it signed simultaneously by the parties involved, the witness, and the Notary. The goal of this study is to evaluate the legal repercussions and obligations of a notary when a deed is not read by the notary and is not signed jointly by the parties. The descriptive-analytic method with a normative juridical perspective was used in this research. The research results show that legal sanctions for a deed that is not read by a Notary and not jointly signed by the parties will have consequences for the deed, namely reducing the evidentiary value of the original deed to a deed made privately. So, the accountability sanctions can be imposed on notaries, such as reprimands, dismissals, temporary termination from membership, even sanctions for dismissal (onzetting), and also dishonorable dismissal from associations, this is of course based on the Notary Office Regulations and their responsibilities that have been stated in the Notary Code of Ethics.
Readiness of Banks in Intellectual Property-Based Financing Lastuti Abubakar; Dewi Kania Sugiharti; Tri Handayani
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v4i1.60

Abstract

The creative economy is an economic resource expected to become a pillar of Indonesia's economic growth. One of the ecosystems developed is intellectual property-based financing that arises from cultural heritage, science, and technology. From a banking perspective, intellectual property as an object of credit/financing guarantees cannot yet be accepted by banks because there are no technical guidelines for both valuation and the profession of intellectual property appraisal. In contrast, banks must adhere to prudential banking principles. This leads to the implementation of intellectual property-based financing practices still needs to be done by the bank. Furthermore, concerning the execution of intellectual property guarantees, the auction office still needs a legal basis for legal certainty in its implementation, particularly for forms of intellectual property guarantees in the form of contracts and collection rights arising from creative economic activities. Based on the research results, the following results are obtained: 1) there are no technical guidelines for Banks to accept the intellectual property as collateral objects; 2) intellectual property is a complex asset, so the Appraiser profession must be submitted to a public appraiser possessing expertise it is crucial in the domain of intellectual property to be officially registered with the Ministry of Tourism and Creative Economy. The auction office is willing to conduct intellectual property executions provided there exists a legal foundation associated with licensing. valuation, and legal protection of intellectual property to attract public interest in executing intellectual property auctions.
Security in islamic finance shariah compliance and the new civil court's approach to dispute resolution Ani Munirah Mohamad; Mohd Zakhiri Md Nor; Irma Rachmawati
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v4i1.61

Abstract

Malaysia has a dual financial system that includes both conventional banking and Islamic banking. Over time, Islamic banking has evolved to the point where it has enticed traditional banks to offer Shariah-compliant products as well. However, even though conventional banks have provided Shariah-compliant products, the Islamic bank's obligation to provide Islamic banking services remains. The goal of this article is to look at the measures in the Islamic Financial Services Act 2013 that assure Shariah-compliance security for Islamic banks. This paper also investigates the current approach of civil courts in resolving disputes. The qualitative research methodology was used in this paper. The phenomenology method was used in the research design. Data will be gathered from journals, statutes, and case law. The data will be analyzed using the content analysis method. This paper concludes that it is a heavy-duty of every Islamic bank to ensure Shariah compliance security, and the current civil court approach is that the Islamic banking agreement is still enforceable even if it does not comply with Shariah law. Islamic banking agreements that are in accordance with Shariah law or are not perfectly in accordance with Shariah law are both valid and legal

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