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Contact Name
Irma Rachmawati
Contact Email
official.intsob@gmail.com
Phone
+6281995877769
Journal Mail Official
handika1261@gmail.com
Editorial Address
Jln. Sumatera No. 41, Bandung, West Java, Indonesia.
Location
Kota bandung,
Jawa barat
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 52 Documents
The regional competitiveness: perspective on national resilience Fachrul Razi; Arthur Josias Simon; Abdul Rivai Ras; Iskandar Abdul Samad
International Journal of Latin Notary Vol. 3 No. 01 (2022): Internasional Journal of Latin Notary, September 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i01.50

Abstract

A law of regional competitiveness has become important for a country. This issue is one of the eight important elements in national defense. This qualitative research applies focus group discussion and employ 21 participants to gather data. The result shows that the law that regulates the competitiveness is important to increase the life quality of the people.
Legal consequences of execution of fiduciary collateral sold or pledged by the debtor Jayadi Prasetya; Mochammad Nurwenda Faizal; Ana Harlina; Devi Mardianti
International Journal of Latin Notary Vol. 3 No. 01 (2022): Internasional Journal of Latin Notary, September 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i01.51

Abstract

The writing of this scientific work entitled "Legal Consequences of the Execution of Fiduciary Guarantees Sold or Pawned by Debtors" describes the execution of fiduciary guarantees that are not registered and the legal consequences by Law Number 42 of 1999 concerning Fiduciary Guarantees. This writing is motivated by the facts regarding illegal fiduciary agreements and the existence of fiduciary guarantee agreements made privately without registering fiduciary guarantee objects. Based on these facts, it is essential to raise 2 (two) issues regarding the procedures for executing fiduciary guarantees by laws and regulations and settlement of cases in the event of a sale or mortgage on goods subject to fiduciary guarantees while the goods are experiencing bad credit. The purpose of writing this journal is to find out the correct procedure for executing fiduciary guarantees and the legal consequences if the execution of fiduciary guarantees is carried out unilaterally and to find out the resolution of problems that arise regarding bad loans on objects used as fiduciary guarantees. The method used in this research is the descriptive analytical method with a normative juridical approach. The data used in this study is secondary data obtained from literature sources that are relevant to the issues discussed. The results of the study show that the execution of fiduciary guarantees for bad loans can be carried out directly by the leasing company if previously the leasing company has registered a fiduciary guarantee at the Fiduciary Guarantee Registration Office if it is not registered then to be able to execute fiduciary guarantees it must go through filing a civil lawsuit to court. Suppose the debtor sells or pawns the fiduciary collateral object, and lousy credit occurs while the fiduciary guarantee has been registered. In that case, the leasing company has the right over the object to seize and sell the object directly used as collateral.
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.
The Legal Status Of Land Tenure Of Foreign Nationals Obtained Through Public Auction On The Object Of Mortgage Rights Patriana Purwa; Geta Ilham Adi Prasetyo; Budi Salman Farizy; Mariam Pratama; Aslan Noor
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.55

Abstract

The concept of citizenship stipulates that non-citizens are prohibited from acquiring land ownership in Indonesia, meaning that "only Indonesian citizens are eligible for land ownership rights in Indonesia." This regulation is outlined in Article 21 and Article 26, paragraph (2) of the UUPA. If a foreign national is unable to own land, they are granted land tenure status through auctions, entailing rights of usage or other entitlements. This situation can potentially lead to issues of legal ambiguity and inconsistencies in the regulations governing property rights for foreign nationals who acquire land through auctioned mortgage rights. The primary concern addressed by the author is to determine the status of the auction minutes document as proof of land rights transfer to foreign nationals and the legal status of land rights control held by foreign nationals who obtain property through mortgage rights auctions. The objective of this study is to investigate and analyze the validity of the auction minutes document as evidence of land rights transfer to foreigners and to analyze the legal status of land rights held by foreign nationals who acquire property through mortgage rights auctions. The research employs a normative juridical research method, specifically a normative legal research approach. This approach encompasses both a statutory analysis and a conceptual analysis. Based on the findings of this research: 1. The auction minutes' position as evidence of the transfer of land ownership rights to foreign nationals indicates that these minutes, prepared by the auctioneer, can serve as a valid basis for documenting the transfer of rights to foreign nationals. 2. Regarding the legal status of land ownership obtained by foreign nationals through mortgage rights auctions, it is established that such land ownership is legally valid. Foreign nationals can manage this land under usage rights status, with the utilization rights in the name of foreign nationals being subject to the prescribed rights transfer procedures.
Legal Protection Of Buyers Against Land Mafia Crimes In The Making Of Sale And Purchase Deeds Aslan Noor; Aditya Pratama; Anjas Arlianzha; Lukman Lutfianto; Senator Giovani Putra Arlond
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.56

Abstract

This research discusses the legal protection for buyers in the context of land mafia crimes related to the making of a sale and purchase deed. Land mafia crimes have become a serious threat to property transactions, especially when involved in the creation of sale and purchase deeds. The purpose of this research is to analyze the legal protection available for buyers in dealing with land mafia crimes. This research uses the normative legal research methods by analyzing laws and regulations relating to property transactions and legal protection for buyers. The results showed that legal protection for buyers can be found in several legal instruments, such as the Basic Agrarian Law, the Law on Land Rights Guarantees, and the Law on Provincial Regulations on Spatial Planning. However, there are several challenges faced by buyers in protecting their rights related to property purchases. Land mafia crimes often involve complex practices and deception that are difficult to detect. In addition, vulnerabilities in the sale and purchase deed process and weak law enforcement are obstacles in providing effective protection for buyers. In this research, improvements are recommended in the legal system related to property transactions to provide stronger protection for buyers. Awareness-raising and education effort for the public are also important to prevent property deception and land mafia crimes. In addition, it needs to be close cooperation between the authorities, financial institutions and the public to tackle this problem. In conclusion, the legal protection for buyers in the context of land mafia crimes in making of sale and purchase deeds still requires serious attention. Improvement of law and regulations, increasing public awareness, and cooperation between institutions can help strengthen legal protection for property buyer.
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.
Agreement For Kidney Transplant Between An International Donor And An Indonesian Recipient In Compliance With Indonesian Health Legislation Geta Ilham Adi Prasetyo; Habib Adjie; Utari Dewi Fatimah
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.58

Abstract

The arrangement between an international donor and an Indonesian recipient requiring a 'kidney' or any other organ for human organ transplantation represents a private understanding between the involved parties. This stems from the fact that therapeutic agreements and health-related legislations do not govern relationships established through private arrangements between donors and recipients. An incident was reported wherein an individual generously donated their kidney to a recipient in need and received compensation as an expression of gratitude. Although the donor's actions in this case went against the humanitarian principles endorsed by health laws, they did not contravene the legal framework. This serves as evidence that Indonesian regulations currently lack provisions addressing organ transplants conducted by unrelated living donors, resulting in the absence of legal safeguards for such donors.
Legal Protection for Workers during the Spread of COVID-19 in the United Arab Emirates (UAE) Ahmed Alshamsi; Mohd Zakhiri Md Nor; Muhamad Noor Habibi Hj Long
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.59

Abstract

Since the beginning of the pandemic COVID-19 that hit the world in December 2019, most countries of the world have passed legislation and measures that vary according to their need and nature. This research paper studies legal legislation passed in the UAE to protect workers from losing their source of livelihood while carrying out precautionary measures in the fight against the coronavirus and its continuous mutation. This paper adopted qualitative research method. The data be analysed by using thematic and content analysis method.This paper concludes that there are adequate legal protection for workers during the Spread of Covid-19 in the United Arab Emirates (UAE).
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.