scholarly journals DUALISME KEDUDUKAN DAN TANGGUNG JAWAB NOTARIS DALAM TATANAN SISTEM HUKUM NASIONAL

Asy-Syari ah ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 159-170
Author(s):  
Isis Ikhwansyah ◽  
Indra Prayitno
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
Government Policies ◽  
Public Official ◽  
Normative Approach ◽  
State Official ◽  
National Legal System ◽  
Approach Method ◽  
Notary Public ◽  
The Government

Abstract: Government policies related to notary institutions from the beginning of their emergence until now, it has not been able to provide certainty related to the independence of the Notary Position in the order of the National legal system. Is it purely as a public official like a state official, or is the legal profession, and or is a Public Official combined with a legal profession position because it influences his responsibilities. This study aims to find out how the position and responsibilities of a notary in the current national legal system, this research method uses a juridical normative approach method that is analyzed descriptively analytically on the basis of data that is processed in a juridical way qualitatively, logically and systematically. From the results of the study note that the Notary has a position as a "Public Official" based on “the provisions of Article 1868 of the Civil Code”, UUJN, and other relevant laws. Notary public is also said to be a "professional position" because it has the skills and is done continuously to serve the interests of the community in the sphere of civil (Private). The notary's responsibility as a "Public Official" arises when the notary carries out the authority regulated under the UUJN and is responsible for carrying out his position to the client as well as to the government that has appointed him. The professional responsibility of a notary public arises when applying his skills in serving the community and being responsible to himself and his professional organization.Abstrak: Berbagai kebijakan pemerintah sehubungan dengan lembaga kenotariatan dari awal kemunculannya hingga saat ini, belum dapat memberikan kepastian terkait dengan independensi kedudukan notaris dalam tatanan sistem hukum nasional. Apakah murni sebagai pejabat umum layaknya pejabat negara, ataukah profesi hukum, dan ataukah pejabat umum yang dipadukan dengan jabatan profesi hukum karena hal tersebut berpengaruh terhadap tanggung jawabnya. Penelitian ini bertujuan untuk menemukan kedudukan serta tanggung jawab notaris dalam tatanan sistem hukum nasional saat ini, metode penelitian yang digunakan adalah metode pendekatan yang dilakukan secara yuridis normatif  yang dianalisis secara deskriptif analitis atas dasar data yang diolah secara yuridis kualitatif, logis dan sistematis. Dari hasil penelitian diketahui bahwa notaris mempunyai kedudukan sebagai “pejabat umum” didasarkan pada ketentuan “pasal 1868 kuhperdata”, uujn, serta perundang-undangan terkait lainnya. Notaris juga dikatakan sebagai “jabatan profesi” karena memiliki keterampilan dan dilakukan secara terus menerus untuk melayani kepentingan masyarakat dalam lingkup keperdataan (privat). Tanggung jawab notaris sebagai “pejabat umum” muncul ketika notaris melaksanakan kewenangan yang diatur berdasarkan uujn dan bertang­gung­jawab terhadap pelaksanaan jabatannya kepada klien serta kepada pemerintah yang telah mengangkatnya. Tanggung jawab professional dari seorang notaris muncul ketika menerapkan keterampilannya dalam melakukan pelayanan pada masyarakat dan bertanggungjawab kepada diri sendiri serta organisasi profesinya.

scholarly journals Formation of Indonesia's National Law System

2020 ◽  
Vol 7 (2) ◽  
pp. 85-90
Author(s):  
Ramadhani Puji Astutik ◽  
Anita Trisiana
Keyword(s):  
National Identity ◽  
Legal System ◽  
Secondary Data ◽  
The State ◽  
National Goal ◽  
Law System ◽  
Legal Development ◽  
Normative Approach ◽  
Material Sources ◽  
National Legal System

The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.  

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals LEGAL POLITICS OF WAQF-REGULATION IN INDONESIA

2019 ◽  
Vol 6 (1) ◽  
pp. 153-170
Author(s):  
Havis Aravik ◽  
Nur Rohim Yunus ◽  
Dwi Sulastyawati
Keyword(s):  
Qualitative Research ◽  
Secondary Data ◽  
Research Data ◽  
Government Policies ◽  
Economic Empowerment ◽  
Normative Approach ◽  
Citizen Empowerment ◽  
Library Resources ◽  
The Government

The study investigates the government policies in the waqf's regulation in Indonesia and the essence of waqf as an important instrument of economic empowerment in Islam. The study aims to provide solutions to the lack of the benefits of waqf for people's welfare, especially in terms of economic empowerment. It is qualitative research with a normative approach. The research data used is the secondary data from library resources. An analysis of the data is by interpreting the concept. The result of this study shown that waqf has played a major role in citizen empowerment from the time of God's messenger, Muhamad peace be upon him until now, even the benefits of a waqf can still be felt up to today.   Keywords: waqf, political law, legislation.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

PENDIDIKAN BERBASIS KESETARAAN GENDER: Studi Kebijakan Pemerintah dan Aplikasinya dalam Pendidikan

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Inayatul Ulya
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Formal Education ◽  
Government Policies ◽  
Gender Analysis ◽  
Normative Approach ◽  
Library Research ◽  
The Government ◽  
And Gender ◽  
Selection Of

Abstract Gender equality-based education is education that accommodate gender differences. This study aims to reveal the gender sensitivity insocial and educational as well as identify government policies in building gender equ ality and its applications in formal education. This study is qualitative with an inventory of government policies in building gender equality, and then analyze it with the reality of education in Indonesia. The approach used in this study is referring to the normative approach to the study of government policies in enforcing gender equality and its applications in formal education. The research data was collected using the techniques of literary study (library research). Materials that have been acquired and processed is described and analyzed by using descriptive interpretative paradigm and gender analysis. Although many efforts have been taken by the government for the realization of gender equality, but in the education sector still  show gender inequality. The indication can be seen from three aspects, they are not unequal participation in education for women, unequal educational material as well as the selection of majors unequal proportions of men and women. The phenomenon is not yet reflect the totality of gender equality education. Keywords:pendidikan, kesetaraan gender, kebijakan pemerintah

Current Legal Research in Indonesia

1979 ◽  
Vol 7 (3) ◽  
pp. 211-219
Author(s):  
Teuku Mohammad Radhie
Keyword(s):  
Legal System ◽  
Development Program ◽  
Colonial Period ◽  
The Political ◽  
Political Climate ◽  
Legal Research ◽  
National Legal System ◽  
The Sixties ◽  
The Government ◽  
Set Up

Systematical legal research in Indonesia has only developed in the last few years in conjunction with the implementation of the country's national law development program which is aimed at the creation of a new legal system. Efforts to develop a new and national legal system to replace the existing system inherited from the colonial period actually started as early as 1958 when the government set up the Institute for National Law Development. It is a matter of much regret that despite the good start it made and the favourable atmosphere it enjoyed, the Institute ultimately did not produce any significant results which could form the basis for a new national legal system. The deterioration of the political climate in the sixties made it impossible for the Institute to carry out its task properly.

scholarly journals PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 259
Author(s):  
Faizal Indra Nor Cahyo ◽  
Gunarto Gunarto
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Public Official ◽  
Purchase Price ◽  
Prospective Buyer ◽  
Approach Method ◽  
Notary Public ◽  
Legal Consequences ◽  
Binding Agreement

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.

scholarly journals Penyelesaian Perselisihan Antara Negara Dengan Warga Negara Asing Mengenai Penanaman Modal Berbasis Pancasila

2018 ◽  
Vol 8 (1) ◽  
pp. 70
Author(s):  
Agus Saiful Abib
Keyword(s):  
Qualitative Analysis ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Community Values ◽  
National Legal System ◽  
The Government ◽  
Humanitarian Values ◽  
Settlement Of Disputes ◽  
Gains And Losses

<p>Indonesia adalah negara hukum (<em>rechtsstaat</em>), oleh karena itu hukum nasional harus berdaulat dan menjadi panglima dalam menyelesaiaikan seluruh permasalahan bangsa. Akan tetapi penyelesaian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam hegemoni hukum arbitrase internasinal, dimana pemerintah menyerahkan mekanismenya kepada <em>International Centre for Settlement of Investment Disputte</em> (ICSID). Fokus permasalahan makalah ini adalah Bagaimanakah keuntungan dan kerugian pemerintah Indonesia dalam penyelesian perselisihan antara negara dengan warganegara asing mengenai penanaman modal melalui ICSID? Bagaimanakah konsep penyelesian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam sistem hukum nasional berbasis Pancasila. Metode yang digunakan dalam makalah ini adalah Analisa kualitatif dengan menggunakan paradigma postpositivisme (Guba &amp; Lincoln) yang disinergikan dengan pendekatan sosiolegal. Penulisan makalah ini mengungkapkan Hukum nasional merupakan hukum yang dibangun oleh bangsa Indonesia sendiri berdasarkan nilai ketuhanan, nilai kemanusiaan dan nilai kemasyarakatan yang merupakan nilai agung Pancasila sebagai pandangan hidup bangsa Indonesia guna mewujudkan tujuan negara. Indonesia mengalami kerugian sangat besar ketika penyelesaian perselisihan antara negara dengan warganegara asing mengenai penanaman modal diserahkan kepada ICSID, Oleh karena itu, perselisihan penanaman modal sebaiknya diselesaikan oleh badan arbitrase ASEAN.</p><p>Indonesia is a state of law (rechtsstaat), therefore the national law must be sovereign and be the commander in solving all the problems of the nation. However, the settlement of disputes between the state and foreign citizens concerning investment in the hegemony of the international arbitration law, in which the government submits its mechanism to the International Center for Settlements of Investment Disputes (ICSID). The focus of this paper issue is how are the gains and losses of the Indonesian government in settling disputes between the state and foreign citizens on investment through ICSID? What is the concept of dispute settlement between state and foreign citizen regarding investment in national legal system based on Pancasila? The method used in this paper is qualitative analysis using postpositivism paradigm (Guba &amp; Lincoln) synergized with sociolegal approach. The writing of this paper reveals the national law is a law that was built by the Indonesian people themselves based on the value of divinity, humanitarian values and community values which is the great value of Pancasila as a view of life of the Indonesian nation in order to realize the purpose of the state. Indonesia suffers enormous losses when the settlement of disputes between the state and foreign citizens concerning investment is left to ICSID. Therefore, investment disputes should be resolved by the ASEAN arbitration body.</p><pre> </pre>

scholarly journals Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak

Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 322
Author(s):  
Anang Ade Irawan ◽  
A. Rachmad Budiono ◽  
Herlin Wijayanti
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Time Limit ◽  
Public Official ◽  
Research Results ◽  
Notary Public ◽  
The Government

This article discusses the provision of Article 65 of Notary Law (UUJN) which contains the unclear time limit of the notary's responsibility in performing his duties as a public official. The article does not provide explicit explanations to the extent to which the notary no longer holds the responsibility after termination or death to the authentic deeds made. The purpose of this study is to know, identify and analyze the form of accountability of notary heirs as general officials on notarial deeds that cause harm to the parties. By using normative research, there are research results among others. First, based on the theory of fautes personalles, the theory which states that losses to third parties are imposed on officials who because of their actions have caused harm. Second, according to the theory of inheritance that becomes the object of the estate is a wealth in the sense of assets and liabilities. Unlawful acts of civil law are per-artificial wrong done by individuals, so it can not be associated with heirs. The government should make a clearer regulation of the deadline of notary responsibility by adding a separate chapter to the UUJN that regulates notary responsibility. Keywords: Responsibility, Notary Public Notary, Public Official, Notary Deed

scholarly journals Notaris Law Protection Under The Civil Law In Law Number 2 Year 2014 Concerning Amendment To Law Number 30 Year 2004 Regarding Notary Position

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 555
Author(s):  
Farah Farah ◽  
Gunarto Gunarto
Keyword(s):  
Qualitative Data ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Prosecutor ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Notary Public ◽  
The Government ◽  
Legal Forms

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN

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