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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 50 Documents
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Asas Publisitas Perjanjian Perkawinan (Post Nuptial Agreement) W. Werdiningsih
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38537

Abstract

Marriage agreements after Constitutional Court Decision Number 69/PUU/XII/2015 have a different concept regarding marriage agreements. A prenuptial agreement expanded to a postnuptial agreement has several problems, namely regarding the publicity of the marriage agreement. The validity of post-nuptial agreements can create uncertainty for third parties regarding the husband and wife's assets. Based on these legal issues, this article aims to determine the formulation of the principle of publicity in arranging marriage agreements (Post Nuptial Agreements) so that they have binding force and provide legal protection to third parties. This research uses normative juridical methods, and there are three approaches used, including: statutory approach; conceptual approach, historical research approach; case approach and comparative approach. The implementation of making marriage agreements in marriages, especially for mixed marriages, still raises doubts. This is due to weaknesses in the formulation of legal rules in the Constitutional Court Decision in the form of unclear norms related to Article 29 of the Marriage Law, as well as the absence of clear and firm regulations regarding the Constitutional Court Decision. Therefore, validation is an important element that must be fulfilled by the parties. On the other hand, there is a vague meaning of the word ratified in Article 29 paragraph (1) of the Marriage Law which is intended simply to be a marriage agreement or intended to be announced to a third party or other party. Conclusion The urgency of building a concept of legal protection for creditors, in order to provide guarantees of justice, certainty and legal protection in the context of the birth of mortgage rights, through registration as a fulfillment of the principle of publicity which provides a position as a preferred creditor, in particular providing convenience for creditors in obtaining their rights back. KEYWORDS: SKMHT, Time Limit, Creditors
The Role of Regional Honor Council in Maintaining the Honor of Notary Position Isro Vita Nugrahaningsih
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38566

Abstract

A profession that in carrying out its duties, functions and authorities requires an ethics, so does a Notary. So the code of ethics is used as a guideline for the behavior of members of the profession in acting and behaving. The existence of a Notary code of ethics aims to make the Notary profession run professionally with motivation and orientation to intellectual skills as well as rational and critical argumentation as well as upholding moral values. So that the notary in carrying out his position is supervised by the Notary Honorary Council, because this supervisory function is very necessary so that the Notary does not ignore the nobility and dignity of his profession. Writing this article aims to identify, examine and analyze the role of the Honorary Board in maintaining the honor of the position of Notary Public by upholding a code of ethics. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from laws and regulations and secondary legal materials are obtained from library materials, archives, and documents related to the object of research. The results of the discussion show that the position of the Honorary Board in the Notary organization has a strategic and important role in enforcing the code of ethics as an effort to maintain the honor of a notary. The Honorary Council in enforcing the Notary's code of ethics identifies, evaluates and improves the supervisory system for Notaries so that violations of the code of ethics can be minimized, the Honorary Council makes strategic steps to be implemented and used according to the objectives to be achieved. KEYWORDS : Code of Ethics, Honor Council, Notary.
Dinamika Pembebanan Jaminan Fidusia Terkait Dengan Prinsip Spesialitas Ferdiansyah Putra Manggala
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.37999

Abstract

The principle of specializing fiduciary guarantees in consumer financing agreements is one of the principles that must be fulfilled, in order to provide legal certainty to both fiduciary recipients and fiduciary recipients, particularly regarding the right to ownership of collateral. If the consumer financing agreement is not fulfilled by the principle of specialization, then there is no legal certainty in the agreement. Every object that is burdened with a fiduciary guarantee must be registered at the fiduciary registration office for the birth of the fiduciary guarantee. A new fiduciary guarantee is said to be born if it has been registered so that a fiduciary certificate is issued which has executive power if in the future the debtor defaults. So that the creditor in the settlement of default is not based on a power of attorney but based on a fiduciary certificate which has the same strength as a court decision that has permanent legal force. The methodology used in this study is the normative juridical methodology and the approach used is a conceptual approach and a statutory approach. The thinking framework used is descriptive method in this study. Conclusion: Based on the consumer financing agreement issued by the consumer financing institution, it can be concluded that the consumer financing agreement does not provide a fiduciary guarantee. A fiduciary guarantee is born if the object encumbered with the fiduciary guarantee has been registered at the regional office of the Ministry of Law and Human Rights in the province. Consumer financing agreements issued by consumer financing institutions do not fulfill the principle of legal specialization of material guarantees. Based on the definition of the principle of specialization, security rights, fiduciary rights and mortgages can only be imposed on goods that have been registered in the name of a certain person. KEYWORDS:: SKMHT, Time Limit, Creditors.
The Urgency of Indonesian Notary Association (INI) in Development And Supervision of Notary Elok Sunaringtyas Mahanani; Iswi Hariyani
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38764

Abstract

Notary is a job or position that requires ethics in carrying out its authority. The code of ethics is used as a guideline for member behavior, accompanied by clear and strict sanctions for violators of the code of ethics. The notary's code of ethics aims to ensure that the notary profession operates professionally with motivation and orientation towards intellectual abilities and opinions rationally and critically and upholding moral values. This article's research type is normative juridical, with a statutory regulatory approach and a conceptual approach. Discussions on enforcement and supervision of the implementation of the Notary's professional code of ethics are carried out through the Notary's Honorary Council. Notaries feel the need for supervision to prevent possible irregularities in carrying out their positions which are not in accordance with the legal corridors and professional code of ethics as well as abuse of authority or trust given to Notaries. Conclusion Based on the description above, it can be concluded that the urgency of the Indonesian Notary Association in providing guidance and supervision aims to prevent its members from committing acts that violate the law. commit violations and comply with existing codes of ethics as an effort to maintain their honor and dignity as public officials. So the efforts carried out by INI are in several steps, namely: Guidance by related agencies, coordination and cooperation between Notaries and INI, and ongoing supervision. Law enforcement efforts are not only carried out by INI alone, but Notaries need to pay attention to what is called professional behavior which has the following elements: Have strong moral integrity, must be honest with clients and themselves (intellectual honesty), be alert regarding the limits of their authority, not solely based on monetary considerations. KEYWORDS: Urgency, Notary Association, Guidance and Supervision
Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Batal Demi Hukum Piters Djajakustio
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38539

Abstract

Time limitation regarding the validity of the power of attorney to impose mortgage rights or SKMHT in Article 15 paragraph 3 and 4 of the Law on Mortgage Rights is essentially a form of legal protection by the State as outlined in a statutory regulation. However the provision on the period of SKMHT imposes a relatively short, while on the other hand, the process of obtaining a land title certificate takes a long time does not provide legal protection for creditors and potentially creditors fail to obtain collateral. The imbalance ultimately does not reflect justice for creditor. The research method in this article is normative juridical, which is legal research that places law as a building system of norms. The norm system in question is regarding the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Types of normative juridical research include legal principles, namely research on written positive laws or research on legal principles that live in society, sources of law, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. This study aims to examine the urgency of developing a new concept of legal protection for creditors due to SKMHT being null and void. KEYWORDS: SKMHT, Time Limit, Creditors
Perlindungan Hukum Pemegang Saham Terhadap Tindakan Penarikan Kembali Saham Ditinjau Dari Undang-Undang Perseroan Terbatas Dimas Pasha Hafidz; Mohammad Rafi Al Farizy
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.39032

Abstract

One of the corporate actions that the Company can take is to reduce capital. Reducing the capital carried out by the Company can be done in 2 ways, namely recalling shares or reducing the nominal value of shares based on Article 47 paragraph (1) of Law Number 40 of 2007. The corporate action to reduce capital must still protect the interests of shareholders. However, the provisions of Law Number 40 of 2007 are still unable to protect the interests of shareholders in terms of corporate actions to reduce capital because there is still legal ambiguity in the phrase "reasonable price" in Article 61 of Law Number 40 of 2007 and the absence of norms regarding the mechanism reduction of capital through shares with a classification that can be withdrawn. This research is a normative research that uses a statutory approach and an analytical approach. The results of this study are that there are still weaknesses in the Limited Liability Company Law, where there is no regulation regarding a fair price in a share recall transaction through a share withdrawal mechanism with a retractable classification and no explanation regarding the definition of "reasonable price" in the share recall mechanism. through shares that have been bought back by the Company. KEYWORDS: Capital Reduction, Fair Price, Shareholders.
Juridical Implications of the Issuance of Covernotes by A Notary as Basis of Disbursing Credit of Banking Vikriatuz Zahro; Iswi Hariyani; Iwan Rachmad Soetijono
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43761

Abstract

Notaries have the authority to make authentic deeds, apart from that notaries can also sometimes issue certificates or commonly known as covernotes. The legal consequences and limitations of liability for publishing a covernote in this case are examined. On what basis is the covernote used as the basis for credit disbursement? Because in this case it could have implications for the notary who will be involved in a legal case involving the covernote he published. The aim of writing this article is to find out, reveal and find out the notary's impression regarding the covernote he publishes. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from statutory regulations and secondary legal materials are obtained from library materials, archives and documents related to the research object. The results of the discussion show that the juridical application of covernotes is not a notarial legal product as regulated in the Law on the Position of Notaries, but is only a certificate issued at the request of the parties so that it does not give rise to rights and obligations for the parties. The covernote is a pure form of trust and moral bond from the creditor towards the notary as a public official who is neutral, independent and impartial in helping the public to support business relations transactions in the era of competitive economic development. Responsibility for the information in the covernote is the personal responsibility of the notary. KEYWORDS: Notary, Covernote, Legal Consequences.
The Legal Consequences of Heirs Not Submitting the Notary Protocol To The Regional Supervisory Board Dinda Suryo Febyanti; Fanny Tanuwijaya; Echwan Iriyanto
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43763

Abstract

The legal issue faced by heirs who do not submit a notary's protocol when a notary passes away. Although Indonesian law does not explicitly outline the responsibilities of heirs in this regard, based on this, the research subject to be examined is the legal consequences for heirs who do not submit a notary's protocol and the authority of the Regional Supervisory Board in resolving notary protocols. The research method used in this study is a notarial juridical approach, using a legislative approach and a conceptual approach to analyze the legal issues. The research findings indicate that the failure to submit a notary's protocol can have negative legal consequences. Notary protocols, considered as state archives, must be preserved and maintained by notaries, and heirs do not have legal rights to them. The duty to submit notary protocols lies with the Regional Supervisory Board for documentation processes. These protocols include agreements, deeds, acknowledgments, and legal acts performed before a notary and are not part of the notary's personal estate but belong to the state. The authority of the Regional Supervisory Board in handling the handover of notary protocols. The MPD plays a vital role in receiving reports of notary deaths, facilitating the handover process, and ensuring the preservation of protocols. However, there are no specific sanctions that the MPD can impose on heirs who fail to fulfill their obligations. This legal gap may result in violations by heirs who do not report the notary's death or fail to submit the notary protocol. Therefore, this research emphasizes the importance of establishing clear and comprehensive regulations regarding the responsibilities of heirs regarding notary protocols to ensure legal certainty and clarity for all parties involved. KEYWORDS: Legal Consequences, Heirs, Notary Protocol Submission, Regional Supervisory Board
Penggunaan Klausula Proteksi Diri Bagi Notaris Dalam Akta Partij Ditinjau Dari Undang-Undang Jabatan Notaris Misbah Imam Subari; Justicia Firdaus Kurniawan
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.44196

Abstract

Notary Public is an authorized official in making an authentic deed as referred to in Article 1 number 1 of Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position. Notarial Deed is not infrequently disputed by one of the parties or other parties because it is considered to be detrimental to its interests, so that now it is not uncommon for the Notary to be criminalized in connection with the Deed he made. This research is an Normatif jurudical research with a conceptual approach and a legislative approach. The legal material obtained in this article is then analyzed using prescriptive analytical methods. The results of the study that the use of a self-protection clause is legitimate used by the Notary, remembering that in the UUJN it does not regulate in accordance with the prohibition on using the self-protection clause. Implementation of an important self-protection clause as outlined in relation to both parties requires an identifying witness and concerns the Deed of Decision of the Meeting where the Notary is not present in person. Self protection clause can also be implemented based on Article 15 paragraph 2 letter e UUJN. KEYWORDS: Clause, Protection, Deed, Authentic.
Kepastian Hukum Akta Perubahan Badan Kredit Desa Menjadi PT. Lembaga Keuangan Mikro Mohammad Reynaldy Adam; Wiwik Wulandari
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43930

Abstract

Fulfillment of Rural Bank Regulations and Transformation of Village Credit Institutions that are Given Status into Rural Credit Banks. As regulated in Article 2 paragraph (1) which regulates that BPR provisions must be fulfilled by BKD. In reality, not all BKD practices can meet the requirements to become a BPR, because BKD does not have the status of a legal entity, but has a unique work system, namely management that is carried out in a simple and integrated manner. Operational hours are only carried out at certain times and not every day to carry out operational activities. This research uses a normative juridical method with a statutory and conceptual approach. The result of this research is the transition from BKD to LKM based on OJK regulation no. 10/POJK.03/2016 concerning compliance with BKD transition provisions has a significant impact on BKD. This regulation requires BKD to change its legal entity status. The transition of BKD to LKM in the form of PT will provide benefits in terms of legal and institutional responsibilities. As a PT, BKD has the status of a separate legal entity and is clearly regulated in statutory regulations. This ensures that BKD/LKM operates in accordance with applicable regulations and provides safe and reliable financial services to village communities. Conclusion The legal certainty of the deed in changing BKD to LKM has a legal basis which is contained in POJK 10/POJK.03/2016 and Article 4 of the LKM Law, with this legal basis the change in the deed of BKD to LKM has legal certainty and with this legal certainty, MFIs can carry out their activities which have a significant role in society. KEYWORDS: Financial Institutions, Transition, Legal Certainty, Legal Consequences.

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