Position of Deed Made by a Retired Notary in Court Proceedings in Banda Aceh

Article 65 of Law No. 2 of 2014 concerning Notarial Department states "Notary, Substitute Notary and Notary Acting Officer are responsible for any deed made even though the Notary Protocol has been submitted or transferred to the notary protocol depository." In practice, it often occurs when the Protocol Deed is transferred to the Notary protocol holder of the party harmed by the existence of the deed to a lawsuit involving a retired notary public. This is as happened in the case in the Banda Aceh District Court. This relates to the summoning of witnesses who must obtain approval from the Notary Honorary Assembly in accordance with Article 66 paragraph 1 of the UUJN. This research aims to explain the position of the Deed made by a retired Notary who is sued to the Court and the liability of the Notary Protocol Holder if the Deed of Protocol held in question in the Court and to know the need for approval from the Notary Honorary Assembly if the retired notary is called as a witness in a court case. The research method used is normative research method. The data used is primary data. The results showed that: A retired notary (werda) the position of the deed that he made as a deed of protocol submitted to the Notary protocol holder. If the deed of protocol is questioned to the court, then the retired notary is responsible for the deed he made. The notary of the Protocol holder cannot be held liable for the Deed of Protocol he holds if it is in question in the Court. If there is a problem with the deed then the responsible person remains the notary concerned and not the notary protocol holder. The summons of a retired Notary does not require permission from the Notary Honorary Assembly (MKN).

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KEWENANGAN ABSOLUT PENGADILAN AGAMA TERHADAP PENYELESAIAN KASUS PERBANKAN SYARI’AH (ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012)

Varia Justicia ◽

10.31603/variajusticia.v13i1.1862 ◽

2018 ◽

Vol 13 (1) ◽

pp. 18-26

Author(s):

Ghassan Niko Hasbi ◽

Bambang Tjatur Iswanto ◽

Mulyadi Mulyadi

Keyword(s):

Dispute Settlement ◽

Legal Aspects ◽

District Court ◽

Primary Data ◽

Islamic Banking ◽

Court Case ◽

Constitutional Court ◽

Microfinance Institutions ◽

Legal Implications ◽

Settlement Of Disputes

The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012). This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012. The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research. In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.

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Tanggung Jawab Perusahaan Pengangkut DHL Express Terhadap Pengiriman Barang dari Jakarta ke Malang ( Studi Putusan Pengadilan Nomor 733/Pdt.G/2017/PN.JKT.SEL.)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i1.5246 ◽

2019 ◽

Vol 2 (1) ◽

pp. 406

Author(s):

Chriesty Angeline ◽

Siti Nurbaiti

Keyword(s):

Research Method ◽

Road Traffic ◽

Secondary Data ◽

Court Decision ◽

District Court ◽

Primary Data ◽

Shipping Company ◽

Full Responsibility ◽

Full Compensation ◽

Compensation Claims

In a transportation agreement, practice the rights and obligations of the parties are not always fulfilled, because during the process of shipping, sometimes it does not always went well, even there is the package disappearance cases. For example, a case that occurred between the DHL Express transport company and the sender Massayu Chairani who was disadvantage due to the loss of her package that the company agreed to delivered. How the company DHL Express responsibility of the shipping to the sender in transportation from Jakarta to Malang and How the District Court Decision Number 733 / Pdt.G / 2017 / PN.JKT.SEL regarding the responsibility of the shipping company DHL Express to the sender in transportation from Jakarta to Malang continue to make a discussion. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data with the law approach. The results of research illustrate that DHL Express does not give full responsibility to the sender and the results of judges' decisions that do not grant full compensation claims are also considered not in accordance with Article 91 KUHD and Law Number 22 of 2009 concerning Road Traffic and Transportation in Article 188 and Article 193 paragraph (1). It is recommended that DHL Express give full responsibility to the sender of the goods for transporting goods from Jakarta to Malang and should have a court decision can decide the case more carefully to grant full compensation claims.

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ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

Veritas et Justitia ◽

10.25123/vej.3883 ◽

2020 ◽

Vol 6 (1) ◽

pp. 237-250

Author(s):

Bernadette M Waluyo

Keyword(s):

Supreme Court ◽

Basic Principle ◽

Civil Law ◽

The Other ◽

District Court ◽

Procedural Law ◽

Other Hand ◽

Administration Of Justice ◽

Law Courts ◽

Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.

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A Study On Employee Perception On Effectiveness Of Training Programs In Myanmar Citizens Bank

Restaurant Business ◽

10.26643/rb.v118i11.11544 ◽

2019 ◽

Vol 118 (11) ◽

pp. 603-618

Author(s):

ZawZawMyint ◽

Sandeep Poddar ◽

Abhijit Ghosh ◽

Amiya Bhaumik

Keyword(s):

Research Method ◽

Training Programs ◽

Secondary Data ◽

Employee Perceptions ◽

Annual Reports ◽

Primary Data ◽

Roles And Responsibilities ◽

Descriptive Research ◽

Effectiveness Of Training ◽

And Training

In banking industries, employees are entrusted with different roles and responsibilities, and training enables them to carry out these roles and responsibilities efficiently by let them to learn new things. Moreover, it will prepare them to take up higher responsibilities in the future. Therefore, this study focuses to analyze the employee perceptions on effectiveness of Training Programs in Myanmar Citizens Bank (MCB). By using the descriptive research method, primary data are collected from the responsible persons and employees of MCB in head office, branches. Secondary data are gathered and scrutinized from relevant text books, records and annual reports from MCB. The research revealed that there are four kinds of training programs in MCB. Moreover, this paper revealed that MCB successfully delivered its training programs in year 2015 to 2018 and the trainees have positive perceptions on effectiveness of training programs in MCB. Based on these results, this paper pointed out the important facts that can give improvement actions for effective and efficient training programs in Myanmar Citizen Banks.

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Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

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PROFITABILITY ANALYSIS OF TERUBUK FARMING (SACCHARUM EDULE HASSKARL) IN SUBDISTRICT TOSA DISTRICT OF EAST TIDORE OF TIDORE ISLAND

10.31219/osf.io/f6j57 ◽

2018 ◽

Author(s):

Suwandi S. Sangadji

Keyword(s):

Data Collection ◽

Research Method ◽

Quantitative Method ◽

Secondary Data ◽

Primary Data ◽

Profitability Analysis ◽

Sample Method ◽

Document Review ◽

Revenue Production

The purpose of this researchment is to ascertain how wide the farming of species Saccharun Edule Hasskarl (terubuk) in sub district Tosa, district of East Tidore of Tidore Island through the indicator of the value revenue, production and selling prices so that the farmers will achieve The Break Event Point (BEP). The research method was used a quantitative method with the number of samples of 30 people. The determination of the sample method is using the census method or involving all members of the population into a sample of researchment. The secondary data collection was done by using library literature in the form of document review and relevant references to research object while primary data collection was done by using questionnaire. The data is using equation R /C Ratio, BEP Revenue, BEP Price, and BEP Production. Therefore from the results of the researchment it can be explained that the two of the thirty farmers come through the break event point, while the other twenty-eight farmers declared having a business that worth to be develop or experiencing profit, because the R/C ratio is above 1.0 with average profit reach Rp. 989.000, - per production / farmer.

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The Terminology Form in Ngerahinin Kuningan of the Perspective Krama Pura Pemaksan Asak Pagutan

International Journal of Linguistics Literature and Culture ◽

10.21744/ijllc.v3i2.396 ◽

2017 ◽

Vol 3 (2) ◽

pp. 21

Author(s):

Ni Nengah Suarsini

Keyword(s):

Research Method ◽

Qualitative Approach ◽

Community Leaders ◽

Primary Data ◽

Descriptive Qualitative

The tradition of ngarahinin Kuningan in Krama temple of Pemaksan Asak Pagutan was a unique than Krama or Banjar around villages Pakramaan of Pagutan, it had some difficulties terminologies which made the witer intrest to analyze of the term to be socialized. Issues discussed also focuses only on the activities and forms of the terms used in that tradition. The research method was the descriptive qualitative approach, the sample of this research was the writer parents-in-law, brother in-law, her nephew, community leaders and elders manners. Information is used as a source of primary data include documentation in the field. The results showed that a series of activities in the tradition ngerahinin Kuningan in Krama Pura Pemaksan Asak Pagutan before a two-day feast of Kuningan, at the time, or the feast of Kuningan, as well as the three and five days after the feast of Kuningan. In addition, the forms of the term in the tradition ngerahinin Brass at Temple Pemaksan Asak Pagutan namely: (a) Monomorfemis consists of eight words that katik, don, nyuh, lekesan, dee, terune, rejang, offerings (b) Polimorfemis be: 1) affixation consists of 15 words that ngatag, ngerejang, ngelawan mepesuan, mesolasan, ngayah, melukat, mebakti, penembek, penyuud, mekidung, megibung, ngelungsur n, ebengin, mlayagin.2) reduplication consists of five words that sambah-sambah, kul- kul, umbul-umbul, nyak-cak, megoak-goakan, 3) the composition consists of five words that were provoking the middle, saye nenem, masang umbul-umbul, masang lamak, and ngelungsur Amertha.

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Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)

MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) ◽

10.33558/maslahah.v11i2.2626 ◽

2021 ◽

Vol 11 (2) ◽

pp. 55-61

Author(s):

Adham -

Keyword(s):

Research Method ◽

Secondary Data ◽

Primary Data ◽

Legal Action ◽

N Addition ◽

Literature Study ◽

Cooperation Agreement ◽

Research Results ◽

Legal Remedies ◽

Buy Back

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.

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Analisis Yuridis Tindak Pidana Pencucian Uang (Studi Putusan No. 311/Pid.Sus/2018/Pn. Mdn)

Journal of Education, Humaniora and Social Sciences (JEHSS) ◽

10.34007/jehss.v4i2.784 ◽

2021 ◽

Vol 4 (2) ◽

pp. 974-981

Author(s):

Andika Pratama ◽

Rizkan Zulyadi ◽

Sri Pinem

Keyword(s):

Law Enforcement ◽

Money Laundering ◽

Research Method ◽

District Court ◽

Legal Rules ◽

Analysis Technique ◽

Proceeds Of Crime ◽

Public Scrutiny ◽

Examination Process ◽

Descriptive Method

The panel of judges adjudicating the money laundering case found the defendant guilty of the crime of money laundering from the narcotics crime, and therefore sentenced the defendant to 7 (seven) years imprisonment. Based on this, the formulation of the problems in this study: 1) How are the legal rules regarding money laundering in Indonesia, 2) How is law enforcement against the crime of money laundering in the Medan District Court, 3) What is the basis for the judge's consideration in imposing crimes against money laundering offenders in the Decision Number 311 / Pid.sus / 2018 / PN. Mdn. The research method used is descriptive method, while the data analysis technique used is descriptive qualitative. The results showed that the crime of money laundering is regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (UU PP - TPPU). The threat of money laundering is regulated in Article 3, namely imprisonment for a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000. The panel of judges at the District Court that adjudicates money laundering crimes acts decisively in imposing crimes, especially because the examination process usually receives public scrutiny, such as money laundering from narcotics and corruption crimes. The basis for the consideration that the panel of judges, the defendant has participated in the circulation of narcotics by receiving, transferring money as payment for narcotics, this is commonly done by the perpetrators of the Crime of Money Laundering to disguise or hide the origin of the proceeds of crime. However, the panel of judges had imposed a sentence that was too low on the defendant, namely 7 years in prison, far below the threat of money laundering in Article 3 of the TPPU Law where the defendant was found guilty, namely 20 years in prison.

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ANALISIS KESESUAIAN PENERAPAN PRODUK PEMBIAYAAN MUSYARAKAH BERDASARKAN PSAK 106 PADA PT. BPRS HIKMAH WAKILAH

Jurnal Ilmiah Mahasiswa Ekonomi Akuntansi ◽

10.24815/jimeka.v4i3.12582 ◽

2019 ◽

Vol 4 (3) ◽

pp. 482-495

Author(s):

Lisandi Novisra ◽

Bustamam Bustamam

Keyword(s):

Research Method ◽

Primary Data ◽

Descriptive Qualitative

This study aims to determine and analyze the application of musharakah financing products and the suitability of the accounting treatment of musharakah financing products applied in PT. BPRS Hikmah Wakilah according to PSAK 106. The research method used is descriptive qualitative. Sources of data in this study are primary data obtained directly from the results of interviews with respondents. The results of the study show that in terms of recognition and measurement of PT. BPRS Hikmah Wakilah is not fully comply in according to PSAK 106, and in terms of the presentation of PT. BPRS Hikmah Wakilah has fully complied with PSAK 106, while in terms of disclosure of PT. BPRS Hikmah Wakilah has not presented CALK and all terms relating to the musharakah transaction. Hence, its application does not comply with PSAK 106.

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