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Fakultas Hukum Universitas Jember Jl. Kalimantan No. 37, Krajan Timur, Sumbersari, Jember, Jawa Timur 68121 ​​https://law.unej.ac.id sekretariat.fh@unej.ac.id 0331 - 335462
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INDONESIA
Jurnal Ilmu Kenotariatan
Published by Universitas Jember
ISSN : 27231011     EISSN : 27231011     DOI : 10.19184/JIK
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL ILMU KENOTARIATAN merupakan Jurnal yang diterbitkan oleh Fakultas Hukum Universitas Jember yang bertemakan Ilmu Hukum berkaitan dengan Kenotariatan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, khususnya Hukum Kenotariatan. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang kepada penulis untuk mempublikasikan pemikiran hasil penelitian orisinalnya, baik para akademisi yaitu mahasiswa maupun dosen, ataupun para praktisi hukum. Fokus dan Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum yang berkaitan dengan bidang kenotariatan dengan topik-topik sebagai berikut: Hukum Kenotariatan. Hukum Pertanahan. Cyber Notary. Hukum Perdata. Hukum Bisnis. Hukum Administrasi. Hukum Internasional. Hukum Acara. Hukum Dan Masyarakat. Hukum Informasi Teknologi dan Transaksi Elektronik. Hukum Hak Asasi Manusia. Hukum Kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 3 No 1: May 2022" : 5 Documents clear
Prinsip Keadilan Terhadap Nasabah Akibat Restrukturisasi Polis PT. Asuransi Jiwasraya Karin Jihananda Deriyanti; Edi Wahjuni; Firman Floranta Adonara
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (180.431 KB) | DOI: 10.19184/jik.v3i1.34962

Abstract

PT Asuransi Jiwasraya (Persero) experienced liquidity pressure so that the company's equity was recorded at negative IDR 23.92 trillion. This condition caused turmoil for policyholders to ask for clarification on this matter from PT. Asuransi Jiwasraya related to payment of insurance claims. For this reason, PT Asuransi Jiwasraya provides an alternative restructuring and based on the PT Asuransi Jiwasraya (Persero) Restructuring Acceleration Team, the number of policyholders participating in the Jiwasraya policy restructuring program until January 18, 2021 reached 102,856 participants. PT Asuransi Jiwasraya (Persero) is a BUMN where BUMN cannot be bankrupt, so the quick step taken by the government is to restructure customer policies for a new company, namely the IFG Life company. The type of research in the research used is normative juridical research, which is carried out with a statutory and conceptual approach. The result is PT. Asuransi Jiwasraya (Persero) is a step taken by the central government as the largest shareholder because it is a state-owned company. As a result of the legal restructuring of the policy on the customer, the legality of the insurance policy is no longer valid between PT. Asuransi Jiwasraya (Persero) with its customers when the customer has agreed to carry out a policy restructuring. As a result of the legal restructuring of the policy on the customer, the legality of the insurance policy is no longer valid between PT. Asuransi Jiwasraya (Persero) with its customers when her has agreed to carry out a policy restructuring. KEYWORDS: Policy, Restructuring, The Principle of Justice
Kontruksi Hukum Pembebasan Pajak Penghasilan Terhadap Peralihan Hak Atas Tanah Dalam Pembagian Hak Bersama Waris Misbah Imam Soleh Hadi; Bayu Indra Permana
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.399 KB) | DOI: 10.19184/jik.v3i1.34912

Abstract

Tax as a source of state revenue play an important role in the life of the state, especially in development, so taxpayers in carrying out their obligations must be given definite legal guarantees by the state. However, this is not reflected in the regulation on the exemption of income tax on the transfer of land rights by sharing rights with inheritance, because the heirs must continue to pay income tax, so they are burdened with double taxes. This is because the regulations in the law and its implementing regulations do not provide firm legal certainty, therefore, to overcome these problems, it is important to find an ideal legal construction in setting the income tax exemption. This study uses a normative juridical method, with a legal approach and a conceptual approach. The results of the research carried out are that there is a vagueness of norms in the regulation of income tax exemption in inheritance, besides that there is also a gap in norms related to the criteria for acceptance and rejection of applications for the issuance of SKB PPh. So that the author provides an option for future arrangements related to the exemption of income tax on the transfer of land rights in inheritance, especially the distribution of joint rights, which is expected to provide benefits and a sense of justice for the heirs. KEYWORDS: Legal Certainly, Income Tax, Transfer of Land Rights, Inheritance.
Peralihan Hak Atas Tanah dengan Kuitansi Jual Beli Citra Adityana Setyawan; Antiko Wati
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (135.001 KB) | DOI: 10.19184/jik.v3i1.34913

Abstract

Transfer of land rights is more often carried out through buying and selling. In this research, the sale and purchase in question is the sale and purchase of land, with the aim that the buyer can use the land legally. Since the enactment of Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), the sale and purchase of land is further regulated in Government Regulation Number 24 of 1997 concerning Land Registration, which regulates that the sale and purchase of land must be proven by a deed made. on the land before the PPAT. However, buying and selling land without a PPAT deed or an authorized official is still carried out. The objectives to be achieved in this research are as follows: to determine the legal strength of the transfer of land rights with payment receipts in accordance with applicable legal provisions, namely from the perspective of agrarian law. to find out the form of dispute resolution resulting from buying and selling land with receipts. This type of article writing uses normative juridical, with a statutory approach, conceptual approach, and case approach. The results of the research explain that the receipt is categorized as a private deed which does not have binding legal force so that the buyer does not get legal certainty regarding his land. Conclusion Land dispute resolution can be resolved through litigation and non-litigation. Body land can be used in handling/resolving land disputes in accordance with its authority and applicable regulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases, Presidential Regulation Number 48 of 2020 concerning the National Land Agency KEYWORDS: Legal Certainly, Transfer of Land Rights, Buying and Selling
Kepastian Hukum Pembukaan Rekam Medis Pasien COVID-19 Dalam Situasi Pandemi Apta Daniswara Hardiani Kusuma; Igam Arya Wada
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.57 KB) | DOI: 10.19184/jik.v3i1.34963

Abstract

A medical record is a document made by a hospital containing the identity, examination, treatment, and medical actions taken against confidential patients. Medical records are medical secrets that can be shown or disclosed in certain situations, one of which is a pandemic situation. In the event of an outbreak of infectious disease, namely the COVID-19 pandemic situation, medical records belonging to COVID-19 patients can be used by doctors, hospitals, and researchers to identify and analyze the causes as well as be useful for the government to determine policy and regulatory directions to suppress virus transmission. Based on the Minister of Health Regulation on Medical Secrets which regulates the opening of medical records in a pandemic situation, there is a blurring of norms regarding legal certainty and procedures for opening medical records in a pandemic situation. To identify and analyze these problems, the researcher uses a normative legal research method with a conceptual approach and legislation. The results obtained that the opening of medical records of COVID-19 patients in a pandemic situation may only be opened to certain parties such as local government officials, hospital heads, and related parties who play a role in reducing the number of virus transmissions. In addition, the information in the medical record shown is only information related to epidemic control, so the patient's personal confidential information is maintained. KEYWORDS: Disclosure, Confidential, Medical Record, Patient, COVID-19
Ratio Legis Pendirian Perseroan Perorangan Ditinjau dari Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja Murni Safitri; Iswi Hariyani
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.37 KB) | DOI: 10.19184/jik.v3i1.34915

Abstract

Law Number 11 of 2020 concerning Job Creation was prepared using the omnibus law concept. The Job Creation Law provides ease of doing business for MSE actors by presenting a new legal entity concept, namely an individual legal entity, in changing the regulatory provisions regarding Limited Liability Companies, namely Individual Companies. But of course, this is not following the limited principle that should be done by two people. This study aims to examine the legal ratio for the establishment of an individual company with the criteria for micro and small businesses and to examine the responsibilities of the founder of an individual company based on the job creation law. This research is a normative juridical law research using a statutory approach and a conceptual approach. This study found several articles, namely Article 153C and Article 15G in the Job Creation Act which is not in line with Article 7 paragraph (2) letter g of PP Number 8 of 2021. The responsibility of the founder of an individual company with the MSE criteria is limited to the paid-up capital as regulated in Article 153J of the Job Creation Act. Contrary to the principle of separate legal entity and limited liability. The government immediately makes adjustments to the norms of the individual company regulations. Improvements are also made to the Government Regulation (PP) regarding Individual Companies with the Law above it, or it is necessary to make a new provision in the laws and regulations that specifically regulate the organs of Individual Companies. The executive and legislature should be able to make clearer regulations and there is a need for additional regulations regarding matters that have not been specifically regulated in the Job Creation Act. KEYWORDS: Ratio Legis, Establishment of Individual Companies, Job Creation Law

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