scholarly journals Application of the power of attorney in the law of guarantee against fixed objects in Indonesia

2021 ◽  
Vol 5 (S3) ◽  
pp. 260-267
Author(s):  
Leny Agustan ◽  
Yaswirman Yaswirman ◽  
Busra Azheri ◽  
Azmi Fendri
Keyword(s):  
Civil Code ◽  
Legal Action ◽  
Business Law ◽  
Power Of Attorney ◽  
Absolute Power ◽  
The World ◽  
The Law

The power of attorney in the Civil Code concerning the granting of power, which is an agreement, so that a binding principle applies to both parties. In addition to the principle of binding consensus also for them the principle of goodwill, that the parties in making agreements must have goodwill. In its development, the power of attorney, especially in business law and the world of a notary, gave birth to the name of absolute power, which then in the field of a notary is known to be contained in the power of attorney imposes dependent rights (SKMHT). This SKMHT arises from the existence of a principal agreement between the debtor and the credit against the material guarantee. SKMHT is a power of attorney that is specific to one legal action only and is an irrevocable power of attorney.

scholarly journals KLAUSUL KUASA MUTLAK DALAM AKTA JUAL BELI TANAH DI KOTA PALOPO

2020 ◽  
Vol 2 (1) ◽  
pp. 142
Author(s):  
Ashar Sinilele
Keyword(s):  
Data Collection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
The Absolute ◽  
The Law ◽  
The Right

AbstractBased on the provisions of Article 1813 of the Civil Code which states that the granting of power ends with the withdrawal of the power of attorney, if it is associated with the clause granting the power of attorney in a binding purchase agreement which is an absolute power or that can’t be revoked, then it is clear that the clause is contrary to existing laws. This is also explained in Article 1814 of the Civil Code regarding the existence of the right of the grantor to withdraw his power of attorney if desired. Thus the absolute power clause is a deviation from the law. Based on the Instruction of the Minister of Home Affairs Number 14 of 1982, it is also clear that this violates regulations which are still in force. That absolute clausal agreements as applied a lot is a form of contradiction in the law so that it should need to be revised. For data collection this research was carried out at the Palopo City Notary Office regarding the land purchase agreement as regulated in the Civil Code.Keywords: Deed, Buy and Sell, Absolute Power of Attorney.AbstrakBerdasarkan ketentuan Pasal 1813 KUH-Perdata yang menyebutkan bahwa pemberian kuasa berakhir dengan ditariknya kembali kuasa penerima kuasa, jika dikaitkan dengan klausul pemberian kuasa pada perjanjian pengikatan jual beli yang merupakan kuasa mutlak atau kuasa yang tidak dapat dicabut kembali, maka jelas bahwa klausul tersebut bertentangan dengan undang-undang yang ada. Hal ini juga dijelaskan pada Pasal 1814 KUH-Perdata tentang adanya hak dari pemberi kuasa dapat menarik kembali kuasanya manakala dikehendaki. Dengan demikian klausul kuasa mutlak merupakan penyimpangan dari undang-undang. Berdasarkan Instruksi Menteri Dalam Negeri Nomor 14 Tahun 1982, jelas juga hal tersebut melanggar peraturan yang sampai saat ini masih berlaku. Bahwa perjanjian clausul mutlak sebagaimana banyak diterapkan merupakan suatu bentuk pertantangan di dalam undang-undang sehingga hal tersebut seharusnya perlu mendapat revisi. Untuk pengambilan data penelitian ini dilakukan di kantor Notaris Kota Palopo yang berkenaan tentang perjanjian jual-beli tanah sebagaimana yang diatur dalam KUH-Perdata.Kata Kunci : Akta, Jual Beli, Kuasa Mutlak.

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

scholarly journals Liability for Breach of Confidentiality Principles in Electronic Action if Connected to Law of Notary Service and Law of Electronic Information and Transaction

2020 ◽  
Vol 9 (7) ◽  
pp. e78973591
Author(s):  
Grace Coresy ◽  
Moh Saleh
Keyword(s):  
Civil Code ◽  
Electronic Information ◽  
Business World ◽  
The World ◽  
Online Trading ◽  
The Law

In the process of business world growth balanced by the development of technology which is also increasingly rapid. Evidence in the field can be seen on the online trading site. The point is that in buying and selling online there is a process which then arises an agreement that is poured online or electronically. This electronic agreement if analyzed in the world of Notaries and the National Law domain indirectly also influences. The validity of the agreement is still questionable, because none of them are clearly stated in the provisions of the law. In the national law based on the law governing the deed itself, namely the Law of Notary Position and the Civil Code, the application of these provisions will not yet be clearly regulated in both laws. The principle of confidentiality that must be upheld in Article 16 of the LawJN must still be carried out even in making electronic deeds. This study uses a normative juridical method, which describes, explains and at the same time explains the notary liability in upholding the principle of confidentiality in the making of an electronic notary deed. Be an authentic deed or not. Notary liability does not uphold the principle of confidentiality according to Article 16 of the UUJN, the notary must be responsible for all the contents of the deed

scholarly journals Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 567
Author(s):  
Diyah Ayu Fatkhurochmah ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Positive Law ◽  
Legal Method ◽  
Judgment Process ◽  
The Absolute

The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute

scholarly journals Consistency Arrangement of Absolute Power of Attorney in Transfer of Rights to Land

2020 ◽  
Vol 3 (4) ◽  
Author(s):  
Farid S.H. M. H. M. Kn
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Freedom Of Contract ◽  
The Absolute

The Agreement to Give Absolute Power of Attorney or better known as the Absolute Power of Attorney (Absolute Power of Attorney), is not known in the Civil Code. Even though the Civil Code does not recognize him, the existence of an Absolute Power of Attorney is not prohibited. The articles in Book III of the Civil Code are only complementary, the parties are allowed to deviate from them. So that if the parties involved in the power-giving agreement want absolute power, then this is allowed and not prohibited by the Civil Code. Because in principle, contract law is open (freedom of contract principle) and legal certainty principle.

scholarly journals PENGUATAN KEDUDUKAN PRANATA HAK SERVITUT DAN HUKUM BERTETANGGA DALAM YURISPRUDENSI

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Rizal Sofyan Gueci
Keyword(s):  
Common Law ◽  
Civil Code ◽  
Customary Law ◽  
Land Consolidation ◽  
The World ◽  
The Common ◽  
The Law ◽  
Agrarian Law ◽  
Almost All ◽  
The Village

The Constitution has laid the foundation of checks and balances amongst the main state organs namely the executive, the legislative and the judicial power. This order as a guideline in the state and society, till the Village  level and within groups in the village such as the Neighborhood and citizen groups. Servitut Rights and neighbors law answer challenges of development of human settlements sustainably and resilient.  Servitut rights as a property rights regulated in Neighbor law book II Indonsian Civil Code of 1848 or in adat law term called easement (hak melalui tanah orang lain) which known by adat community entity is not older than the easement is recognized by customary law in almost adat law community entity throughout the territory of Indonesia.  The servitut right is the easement of yard (erfdiensbaarheid) or burden to rest on the grounds that one for the benefit of the another yard such that the owner of the yard were crushed should let the owner of the yard oppressor to pass through, drain the water (clear) on it, take view out through the window etc. This devotion land does not end with the death or replacement of yard owners concerned (Article 674 of the Indon. Civil Code). There are still remnants of feudalism and colonialism in tribal society, reflecting the concrete cases in the community there is disturbance against the rights of servitut with vigilante, then the rule of law invoked repeatedly and generating permanent jurisprudence. Kedudukannya hak servitut tidak tergoyahkan dengan adanya UUPA 1960 yang mengatakan semua hak atas tanah mempunyai fungsi sosial dan hukum adat dijadikan dasar dari hukum agraria nasional. The position of Servitut rights is impregnable with the Basic Agrarian Law 1960 (BAL) that says all rights on land has social functions and customary law form the basis of the national agrarian law. In Article I point 6 of BAL No. 5 year 1960 proves Indonesia is in a row of civilized countries that accommodates this legal institution. Jurisprudence confirm customary law as a living law as well as the Civil Code 1848 according to Supreme Court Circuler of 1963 treat as unwritten customary law in order to prevent the legal vacuum and reaching the objectives of the law. Jurisprudence has been recognized as one of the legitimate source of law in the Republic of Indonesia.  Indonesian Judges have shown its class in the world of justice, who did not want to look different in servitut rights issues which is an universal phenomenon. Almost all civilized countries of the UN members have recognized the existence of this institute servitut rights, both in the Code book as well as in its jurisprudence. Servitut rights institution is rooted in the common law ius commune since Roman Empire, which can not be ignored, despite overall individualistic Roman law, but in particular there are elements of social function. Servitut (lat.) is accommodated into the book of the law in almost all countries in the world, through colonialize, import law, voluntary transplants in the law of one self. Boedi Harsono, as nationalist and socialist thinker and R. Supomo as father of Indonesian customary law and by youth in 1928 is regarded as a national law with the smooth call it "right through another person's land" which is also known by the common law. The permanent Jurisprudence remains threngthen unwritten norm servitut rights or land rights through anothers person’s land showed the class of Indonesian Judges comparabele with justices of developed nations in assessing this servitut rights. Implementation build without displacing has been regulated in Law No. 4 year 1992 art. 22-32 and Act No. 1 year 2011 on Housing and Settlement Region art. 106-113 law institute land consolidation, which is compatible with the institute servitut right and reconfirmed the servitut.  Implementation, if one developer alone could make the plot and make the land ready to build cosolidate up to 6,000 ha orderly development of land, so a province or a local government / city are challenged to be able to hold up to 6,000 ha of land consolidation to reduce the backlog and combating land speculators. For the assessment of achievement of the Governor / Regional Office of BPN how long had a special local street, public street or road of servitut rights through land consolidation and how many special streets that have been submitted become public streets.Keywords: Reinforcement, top notch institutions, rights servituut

scholarly journals Bentuk Surat Kuasa Membebankan Hak Tanggungan Setelah Dikeluarkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012 Tentang Ketentuan Pelaksana Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Putu Selvyana Putri Pratamikha
Keyword(s):  
Legal Theory ◽  
Civil Code ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Effect ◽  
Special Power ◽  
Legal Uncertainty ◽  
The Law ◽  
Made In

The Power of Attorney of the Encumbrance Rights (SKMHT) is a special power of attorney which includes the power to impose the provision of encumbrance by the encumbrance grantor to the recipient of the encumbrance or other person authorized to it. The Power of Attorney of the Encumbrance Rights (SKMHT) must be made in two forms namely the notarial deed or the deed of the land deed official (PPAT) as stipulated by the provisions of Article 15 paragraph (1) of the Law Number 4 of 1996 on the Encumbrance Rights of the Land Along with Bodies Relating to Land. The enactment of the National Land Agency Regulation Number 8 of 2012 requires that the SKMHT shall be made ??in accordance with the format of the attachment of the Regulation. . While the SKMHT in the form of notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT). This results in the different arrangements resulting in the lack of uniformity of the SKMHT forms made ??by a notary or the land deed official (PPAT) which giving rise to the legal uncertainty of the form of the SKMHT and the legal effect of the SKMHT made in the form of a notarial deed. The study is a normative legal research, intended to examine the differences in the SKMHT arrangement between the provisions of Article 15 paragraph (1) of The Encumbrance Rights (UUHT) with the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012. The study uses the statutory approach that is supported by the literature, legal theory, the opinions of the scholars, as well as the legal dictionaries, as its legal materials. The findings of the study show that the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 does not abolish the SKMHT  in the form of a notarial deed as provided in Article 15 paragraph (1) of The Encumbrance Rights (UUHT). the SKMHT in the form of a notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT), while the SKMHT in the form of the land deed official (PPAT) shall be made in accordance with the provisions of the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 along with its attachments. It is expected that the firm provisions which regulate the SKMHT in the forms of the notarial deed should be enacted in order to create its legal certainty.

scholarly journals Parejas de hecho: un fallo de avanzada. Una medida judicial argentina de acción positiva = Couples in fact: an advanced failure. An Argentine legal action of positive action

2017 ◽  
pp. 167
Author(s):  
Vanina Roldán ◽  
Adela Pérez del Viso
Keyword(s):  
Civil Code ◽  
Court Decisions ◽  
Legal Action ◽  
Personal Opinion ◽  
Positive Action ◽  
The World

<p>Se expone un fallo judicial referido a “uniones convivenciales” (término argentino para parejas de<br />hecho), y su disolución; se analizan los fundamentos doctrinarios y normativa nacional e internacional aplicable al caso; concepto y rol de la mujer y nuevo Código Civil y Comercial de la Nación Argentina, considerando el fallo como el primero en su tipo y el único hasta el momento. Se incluye breve mención al régimen del anterior Código Civil, denominado “velezano” y dos fallos anteriores a la reforma.<br />Por último, se realiza una reflexión acerca de las apreciaciones que como personas, como mujeres y como<br />profesionales nos merece el desarrollo de este trabajo.</p><p>This document refers to a precedent held in Argentina as regards unmarried couples, which in Argentina are called “uniones convivenciales”. This judicial case sets forth an important precedent in the sense that it implies a “positive action” taken by a Court in order to change the world regarding women and discrimination. We analyse the Argentininan Civil and Comercial Code and we compare this decision and the current Civil Code with the previous regulations and court decisions. Finally, we let down our personal opinion regarding the matter from the the unique perspective of women and lawyers.</p>

scholarly journals PENGGUNAAN KUASA MENJUAL DIDALAM PERALIHAN HAK MILIK ATAS TANAH MELALUI JUAL-BELI

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Adnyana .
Keyword(s):  
Property Rights ◽  
Supreme Court ◽  
Government Regulation ◽  
Growth Dynamics ◽  
Supreme Court Decision ◽  
Civil Code ◽  
Equal Rights ◽  
Power Of Attorney ◽  
Land Registration ◽  
Absolute Power

The authorization pursuant to Article 1792 of the Civil Code is "an agreement by which a given authority to another person, who received it, for conducting an affair on his behalf". It seems clear on the one hand there is the so-called to give and some are called to receive power, each party both receiver and giver have equal rights and obligations in running the power. In a very rapid growth dynamics can be found in the deed of transfer of power that the land ownership through purchase, clauses can not be withdrawn or disregard of Article 1813 of the Civil Code which is referred to as "Power of Absolute", it means no longer balanced and adverse the power giver if concerned about the rights and obligations of the giver and the receiver of power. In connection with the absolute power of the transformation of property rights to land through purchase, there are some legislation that expressly prohibits: 1. Instruction of the Minister of Home Affairs No. 14 of 1982 on the Prohibition of Use of Absolute Powerful As the transfer of Land Rights.2. Government Regulation No. 24 of 1997 on Land Registration, in  Article 39 paragraph (1) letter d.3. Supreme Court Decision No. 2584 / K / Pdt / 1986 explicitly states that "absolute power of attorney regarding the sale and purchase of land can not be justified because in practice often misused for smuggling and selling land".4. Decision of the Supreme Court Reg. No. 2817 / K / Pdt / 1994 explicitly states that "buying and selling is done on the basis of absolute power is invalid and void". As a result of the ban, the use of absolute power in the transfer of property rights through the purchase can not be done because it is illegal and null and void.

scholarly journals Historical and legal aspects of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine

2020 ◽  
pp. 62-70
Author(s):  
M. S. Dolynska
Keyword(s):  
Health Care ◽  
Legal Aspects ◽  
Civil Code ◽  
Power Of Attorney ◽  
The Law ◽  
Land Code

The peculiarities of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine are considered In the article the analysis of normative acts, regulating the procedure for testamentation and certification of powers of attorney that equal to notarial, including by authorized individual officials and official persons of healthcare care establishments, is made. The concept of powers of attorney is investigated and their classification is carried out. The author states that public individuals and official persons of health care establishments of Ukraine who certify the powers of attorney that equal to notarial, are not entitled to certify powers of attorney in their name and on behalf of their name, as well as in the name of and on behalf of his wife or her husband. Specified public individuals, official persons have also no right to perform powers of attorney in the name of their sons and daughters, mother, father, grandchildren, grandfather, grandmother, including their brothers or sisters. Analyzing the issue of the certification of the power of attorney to make a donation contract on behalf of the patient, the author emphasizes the necessity to indicate the name of donee. While certifying the powers of attorney public individuals, official persons of health care establishments of Ukraine, listed in Article 40 of the Law of Ukraine "On Notariate", should strictly adhere to the norms of the current legislation, in particular the norms of the Civil Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine "On Notariate", the Procedure of certifying wills and powers of attorney that equal to notarial, as well as other normative and legal acts. The author pays special attention to the content of powers of attorney. The procedure for termination and cancellation of a notarized power of attorney is examined.

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