scholarly journals The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary

Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 147
Author(s):  
Mochammad Tanzil Multazam
Keyword(s):  
Government Regulation ◽  
Competent Authority ◽  
Public Official ◽  
The Law ◽  
The Government ◽  
The Impact

Birth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.94

scholarly journals Pelaksanaan Wewenang Kantor Pertanahan Dalam Pendaftaran Tanah (Studi di Kecamatan Kuta Baro Kabupaten Aceh Besar)

2017 ◽  
Vol 1 (3) ◽  
pp. 150-163
Author(s):  
Fery Irwanda
Keyword(s):  
Judicial Review ◽  
Government Regulation ◽  
Court Decision ◽  
Land Registration ◽  
Legal Subject ◽  
The Supreme Court ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact

Pasal 3 PP 24 Tahun 1997 tentang Pendaftaran Tanah menyebutkan pendaftaran tanah bertujuan untuk memberikan kepastian hukum dan perlindungan hukum kepada pemegang hak atas suatu bidang tanah. Terbitnya  sertifikat Hak Milik atas tanah Jailani Yusuf cs yang merupakan objek sengketa, telah diputus berdasarkan Putusan Kasasi No.633 K/Pdt/2006. Permohonan pendaftaran hak yang diajukan oleh Abdullah Ibrahim dan Cut Ben Ibrahim ke Kantor Pertanahan Kabupaten Aceh Besar tanpa memberitahukan adanya Putusan Kasasi, sehingga melahirkan sertifikat yang subjek hukumnya tidak sesuai dengan Putusan Kasasi. Penelitian ini bertujuan, mengetahui pelaksanaan pendaftaran tanah yang melahirkan Sertifikat hak atas tanah yang subjek hukumnya tidak sesuai dengan Putusan Kasasi dan tanggung jawab Kantor Pertanahan atas  penerbitan sertifikat untuk atas pihak yang tidak berhak berdasarkan putusan pengadilan. Jenis Penelitian ini adalah penelitian yuridis empiris dengan meneliti keberlakuan hukum itu dalam kenyataan atau dalam masyarakat. Hasil penelitian menunjukan bahwa dalam pelaksanaan Pendaftaran tanah yang melahirkan Sertifikat No.11, 12 dan 21, 22, 23/2015 terdapat cacat hukum administratif yang disebabkan kesalahan subyek dan/atau obyek hak, karena di atas tanah yang diterbitkan sertifikat telah ada Putusan Kasasi. Akibatnya pihak yang mendaftarkan tanah bertanggung jawab secara hukum dan Kantor Pertanahan bertanggung jawab secara administratif.Article 3 of the Government Regulation Number 24, 1997 on Land Registration states that a land registration aiming to provide law certainty and law protection on land right holder over the land. The issuance on of the land certificate of Jailani Yusuf et.al is a dispute object; it has been decided based on Judicial Review Number 633 K/Pdt/2006. The application on the right registration that is proposed by Abdullah Ibrahim and Cut Ben Ibrahim to Land Authority Office of Aceh Besar without providing the review, hence it results in certificate issuance that the law subject is not based on the decision. This research aims to know the implementation of land registration in the making process of certificate that its legal subject is not based on the court decision, responsibility of land office of the change of certificate issuance for party that is no having right based on the court decision. This is juridical empirical research by exploring the law application into society. The research shows that in the implementation of land registration in making process of Certificates Numbers: 11, 12 and 21, 22, 23/2015 has administrative law lack caused by subject fault and/or object of right, as on the land certificate issued has been reviewed by the Supreme Court. The impact on parties registering their land is legally responsible and the Land Authority Office is administrative legally responsible.

scholarly journals PERBUATAN MALADMINISTRASI DALAM PEMBUATAN AKTA JUAL BELI OLEH PPAT DAN AKIBAT HUKUMNYA MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERATURAN JABATAN PPAT Jo. PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PPAT (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 129/Pdt.G/2016/PN.Jkt.Sel.)

2018 ◽  
Vol 1 (1) ◽  
pp. 1378
Author(s):  
Cecyllia Tamara B. Schouten ◽  
Hanafi Tanawijaya
Keyword(s):  
Government Regulation ◽  
Public Official ◽  
Legal Research ◽  
Land Registration ◽  
Abuse Of Power ◽  
The Law ◽  
The Government ◽  
Ministerial Decree ◽  
Legal Consequences ◽  
Poor Management

The Land Deed Official (the PPAT) is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate must be made based on the deeds of the law by the parties. The deeds of the law based on Article 2 of the Government Regulation Number 37 of 1998, a sale and purchase, swap, gift, inbreng, granting right of building/right of use based on the land property rights, and granting of land mortgage. Based on the ordinance, the authentic deed can be used as evidence in case of dispute. In this case is usually a lot of the contempt of court. This act is called the Maladministration. Maladministration is poor management or regulation, especially in an offical capacity. Maladministration is bias, neglect, inattention, delay, incompetence, ineptitude, arbitrariness and so on and would be long and interesting list. Including abuse of power, unlawful procedures, unfairness and malfunction or incompetence. The author examines the problem using normative legal research methods supported by some interviews with some who are experts in the field of the land and maladministration. This act resulted in the existence of legal consequences. Due to the law could by law or may be cancelled. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 112/Kep-4.1/iv/2017 Article 6 paragraph (1) include reprimand, warning, skorzing, onzetting even fired from The Land Deed Official membership.

scholarly journals STATUS HUKUM HAK MILIK ATAS TANAH YANG TERKENA ABRASI

2020 ◽  
Vol 13 (1) ◽  
pp. 96-107
Author(s):  
Dwi Susiati ◽  
Sri Setiadji
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Land Rights ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact

Abrasion is a natural disaster that results in the owner of the right to land losing the right to control, use or take advantage of the land, because the land is lost in part or in whole due to erosion by water. Article 27 of the Law On Agraria determines that property rights over land are destroyed if the land is destroyed. In this study, the author will analyze the legal status of property of land affected by abrasion with the formulation of the problem What is the legal status of property rights on land affected by abrasion according to Government Regulation Number 24 of 1997 concerning Land Registration and how to guarantee the protection of affected land rights abrasion. The results of this study are that the status of land rights affected by abrasion is abolished, both in the provisions of the Law On Agraria and Government Regulation Number 24 of 1997 concerning Land Registration because it is no longer compatible with physical data or juridical data as a strong evidence. The government has an obligation to provide guarantees and protection of rights to land affected by abrasion and those that have been affected by abrasion in part or in whole. On the basis of the state's right to control Article 2 of the Law On Agraria the state has the right to regulate land use, inventory, and maintenance to prevent and reduce the impact of abrasion on its citizens. The government can also provide compensation as contained in Article Number 24 of 2007 concerning Disaster Management which determines that the Government and regional governments are responsible for the implementation of disaster management.Abrasi merupakan bencana alam yang mengakibatkan pemilik hak atas tanah kehilangan hak untuk menguasai, menggunakan, atau mengambil manfaat atas tanah, karena tanah tersebut hilang sebagian atau seluruhnya akibat pengikisan oleh air. Pasal 27 UUPA menentukan hak milik atas tanah hapus, apabila tanahnya musnah. Pada penelitian ini, penulis akan menganalisa tentang status hukum hak milik atas tanah yang terkena abrasi dengan rumusan masalah Bagaimana status hukum hak milik atas tanah yang terkena abrasi menurut PP No. 24 Tahun 1997 tentang Pendaftaran Tanah  dan bagaimana jaminan perlindungan hak-hak tanah yang terdampak abrasi. Hasil dari penelitian ini adalah bahwa status hak atas tanah yang terkena abrasi adalah hapus, baik dalam ketentuan UUPA maupun PP No. 24 Tahun 1997 tentang Pendaftaran Tanah karena tidak sesuai lagi dengan data fisik maupun data yuridis sebagai alat bukti yang kuat. Pemerintah mempunyai kewajiban untuk memberikan jaminan dan perlindungan hak-hak atas tanah yang terdampak abrasi maupun yang sudah terkena abrasi baik sebagian maupun seluruh tanahnya. Atas dasar hak menguasai oleh negara Pasal 2 UUPA negara berhak mengatur peruntukan, penggunaan, persediaan,dan pemeliharaan tanah untuk mencegah dan mengurangi dampak abrasi bagi warga negaranya. Pemerintah juga dapat memberikan ganti kerugian sebagaimana yang ada di dalam UU No. 24 Tahun 2007 tentang Penanggulangan Bencana yang menentukan bahwa Pemerintah dan pemerintah daerah menjadi penanggung jawab dalam penyelenggaraan penang-gulangan bencana.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Pengembangan Pengelolaan Dana Desa Terhadap Kesejahtraan Masyarakat Desa Di Kabupaten Konawe Selatan Provinsi Sulawesi Tenggara

2020 ◽  
Vol 3 (1) ◽  
pp. 112-125
Author(s):  
Hasjad Hasjad
Keyword(s):  
Rural Communities ◽  
Research Method ◽  
Government Regulation ◽  
Scientific Publication ◽  
Community Empowerment ◽  
State Budget ◽  
Technological Readiness ◽  
The Government ◽  
The Impact ◽  
The Village

Development of village fund management is very much needed by the community so that it can be enjoyed by all levels of society in the villages. The seriousness of the government in developing villages is evidenced by the start of allocation of the Village Fund budget for 2015. The allocation of the Village Fund is mandated by Law (Law) Number 6 of 2014 concerning Villages and Government Regulation (PP) Number 6 of 2014 concerning Village Funds Sourced from STATE BUDGET. The regulation explained that the administration of the village government adheres to the principle of decentralization and the task of assistance. The principle of decentralization raises village internal funding (Desa APBD), while the principle of co-administration provides an opportunity for Villages to obtain funding sources from the government above it (APBN, Provincial APBD, Regency / City APBD). This study aims to observe what the development of village funds looks like, how they are implemented and the impact of the use of village funds in supporting development activities and community empowerment. The research method used is a qualitative research method that relies on observing places, actors and activities in Konawe Selatan Regency, Southeast Sulawesi Province, which was chosen as a case study. Initial observations show that the Village Fund does not have significant results in improving the welfare of the community. These indications are evident in the welfare of the community which has not improved with the existence of the village fund. Therefore it is necessary to develop a good management of village funds to improve the welfare of rural communities, especially in Konawe Selatan District. The output to be achieved is the scientific publication with ISSN Online and the level of technological Readiness that will be achieved 1-3.

scholarly journals The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency

2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah
Keyword(s):  
Government Regulation ◽  
Positive Impact ◽  
Secondary Data ◽  
Civil Servant ◽  
Civil Servants ◽  
Disciplinary Action ◽  
Primary Data ◽  
Immediate Supervisor ◽  
The Government ◽  
The Impact

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

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 ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 267
Author(s):  
Ivandi Setiawan ◽  
Rasji .
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Legal Certainty ◽  
The Public ◽  
Work Area ◽  
The Government ◽  
The Right

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.

scholarly journals SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Certainty ◽  
Legal Research ◽  
Community People ◽  
Is Theory ◽  
The Law ◽  
Legal Consequences ◽  
Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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