scholarly journals Kewenangan Notaris terhadap Pembuatan Covernote

2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Legal Product ◽  
Laws And Regulations

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.

scholarly journals Hak Waris Bagi Ahli Waris yang Tidak Dapat Ditentukan Keberadaannya Menurut Kitab Undang-Undang Hukum Perdata

2020 ◽  
Vol 1 (2) ◽  
pp. 11-15
Author(s):  
Anak Agung Krisna Kumala Dewi ◽  
I Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Missing Persons ◽  
Legal Consequence ◽  
Legal Consequences

The heirs whose whereabouts cannot be determined are the heirs who have lost the news, so it is not known whether he is alive or dead. These are usually called missing persons. However, in fact, a lot of heirs ignore the inheritance rights of an heir whose existence cannot be determined. Based on this background, this research was conducted with the aim of elaborating the arrangement of inheritance rights for heirs whose existence cannot be determined and the legal consequences for heirs whose existence is known after the inheritance is divided. This study used a normative legal research method with a statutory and conceptual approach. The results of this study showed that the existence of inheritance rights for heirs that cannot be determined is regulated in Article 463 of the Civil Code. The inheritance rights of heirs whose existence cannot be determined remain attached to it in accordance with the provisions of Article 467 of the Civil Code. However, as long as the whereabouts of the heir are not known, the position will be replaced by the successor heirs. Furthermore, as a legal consequence after an heir is known to exist, the replacement heir is obliged to return all the inherited assets received under the provisions of Article 482 paragraph (1) of the Civil Code.

scholarly journals TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG CACAT SECARA FORMAL

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Adam Pramana Putra
Keyword(s):  
Research Method ◽  
False Information ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Consequences ◽  
Laws And Regulations

Authentic Deed is a deed in which the truth of the Formal and Material and Subjective elements and the Objective Elements must be in accordance with the applicable Laws and Regulations. This study analyzed the form of notary's responsibility as an official making deeds on deeds that formally defects and legal consequences for authentic deeds if the witnesses in the deed are not present at the time the deed is read. The research method used normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the Notary Deed that does not meet the Formal and Maternal requirements and does not meet the Subjective Elements and Objective Elements, then the deed can be null and void, and / or can be canceled. The absence of witnesses at the time of reading and signing the Minuta deed can make the notary be declared to give false information in an authentic deed

scholarly journals Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama

2021 ◽  
Vol 2 (3) ◽  
pp. 490-495
Author(s):  
I Gede Agus Dedy Andika ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Secondary Sources ◽  
Criminal Sanctions ◽  
Legal Provisions ◽  
Legal Consequence ◽  
Materials Used ◽  
Incorrect Information ◽  
Legal Consequences

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

scholarly journals Penggunaan Tanda Tangan Berubah-Ubah oleh Penghadap di dalam Pembuatan Akta Notaris

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 458
Author(s):  
Ida Bagus Putu Pramarta Wibawa
Keyword(s):  
Legal Research ◽  
Conceptual Approach ◽  
Authentic Writing ◽  
Legal Consequences ◽  
Laws And Regulations

The purpose of this research is to reviewe and analyze the extent to which the applicable laws and regulations in Indonesia regulate the use of signatures change by the partys in making notary deeds and to review and analyze the legal consequences of the use of signatures change by the partys in making a notary deed. This research is a normative legal research, using two types of approaches, namely the statute approach and the conceptual approach. The results of this study show that there are various causes of changing signatures of party, but the laws and regulations that apply in Indonesia do not have articles that govern this. The validity of a signature is seen based on the acknowledgment to justify the person affixing the signature. A different or change signature is justified by law insofar as the signer affixing his signature confirms that it is his signature, so that the legal consequences of such notary deeds are still valid to be used as evidence of authentic writing that has the power of perfect proof law. Tujuan dari dilakukannya penelitian ini adalah untuk mengkaji dan menganalisis mengenai sejauh mana peraturan perundang-undangan yang berlaku di Indonesia mengatur mengenai penggunaan tanda tangan berubah-ubah oleh penghadap di dalam pembuatan akta notaris dan untuk mengkaji dan menganalisis mengenai akibat hukum dari digunakannya tanda tangan berubah-ubah oleh penghadap di dalam pembuatan akta notaris. Penelitian ini merupakan penelitian hukum normatif, dengan menggunakan dua jenis pendekatan yaitu pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian ini menunjukkan bahwa ada berbagai penyebab terjadinya tanda tangan yang berubah-ubah dari penghadap, namun peraturan perundang-undangan yang berlaku di Indonesia tidak terdapat pasal yang mengatur mengenai hal tersebut. Keabsahan dari suatu tanda tangan adalah dilihat berdasarkan adanya pengakuan untuk membenarkan dari orang yang membubuhkan tanda tangan. Tanda tangan yang berbeda atau berubah-ubah dibenarkan oleh hukum sepanjang penghadap yang membubuhkan tanda tangannya tersebut membenarkan bahwa itu adalah tanda tangannya, sehingga akibat hukum terhadap akta notaris yang demikian adalah tetap sah untuk digunakan sebagai alat bukti tulisan otentik yang memiliki kekuatan hukum pembuktian sempurna.

scholarly journals Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

2021 ◽  
Vol 2 (1) ◽  
pp. 196-201
Author(s):  
Ni Putu Purnama Wati ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Civil Code ◽  
Insurance Company ◽  
Conceptual Approach ◽  
Interested Party ◽  
Legal Consequence ◽  
Credit Agreement ◽  
Legal Consequences ◽  
Insurance Agreement

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

scholarly journals Motive Element in Planed Murder Criminal Act According to Article 340 KUHP

2019 ◽  
Vol 7 (11) ◽  
Author(s):  
Lalu Irawadi ◽  
Rodliyah ◽  
Muhammad Natsir
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Research Result ◽  
Point Of View ◽  
Legal Research ◽  
Conceptual Approach ◽  
Positive Law ◽  
Subjective Element ◽  
Historical Comparative ◽  
Legal Consequences

This research is conducted to find out and analyse the implementation of criminal law in motive element of planed murder perpetrator as well as to find out and analyse the vindication of motive of planed murder perpertator by applying normative legal research method. Aimed to analyze the implementation of positive law norms under statute, case and historical, comparative and conceptual approach. Research result shown that implementation of Article 340 KUHP depends on judge’s point of view poured in his legal considerations. The point of view can be Monistic where motive is not a significance consideration as long as the crime lead to certain legal consequences or dualistic where motive is important to consider in order to determine perpetrator’s grade of guilt (psychologically) since dualistis point of view differentiate between objective element and subjective element (guilt element). To proof that there is motive element in a planed murder, Judge shall apply vindication principle used in Indonesia’s criminal law procedure according to Article 184 KUHP and law number 48 of 2009 concerning judiciary power.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PIHAK PEMBELI MENGENAI PEMBUATAN SALINAN AKTA PENGIKATAN JUAL BELI YANG DIBUAT TANPA MINUTA AKTA

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Riska Amalia Indahsari ◽  
Khansa Muafa ◽  
Ita Fattumah
Keyword(s):  
The State ◽  
Research Approach ◽  
Legal Services ◽  
Public Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Legal Consequence ◽  
Legal Consequences

AbstractNotaries are public officials appointed by the State to carry out the duties of the State in legal services such as making authentic deeds. In carrying out its duties and responsibilities making authentic notarial deeds sometimes make mistakes that affect civil, administrative and criminal sanctions. If seen in Article 16 paragraph (1) letter b of the UUJN that minuta deed must be made and kept as part of the Notary protocol. The purpose of this research is to analyze the importance of a notary to make a certificate of minutes in making a copy of the deed. What is the juridical effect on the deed of minutes not owned by a Notary in making a copy of the deed, then what is the legal consequence for the Notary who did not make the deed of minutes in making a copy of the deed. This legal research is a normative legal research approach that is carried out is the statutory approach and conceptual approach. The legal consequences for the minutes of the deed not possessed by the Notary in making a copy of the deed will cause the deed to be null and void by law because it violates the formal aspects in making the deed and the Notary does not carry out any of the obligations contained in Article 16 paragraph (1) letter b of the UUJN. The legal consequences for the Notary will be given a sanction as a responsibility, namely civil, administrative and criminal sanctions.Keywords: notary obligation, minuta deed, copy deedAbstrakNotaris merupakan pejabat umum yang diangkat oleh Negara untuk melakukan tugas-tugas Negara dalam pelayanan hukum seperti membuat akta otentik. Dalam menjalankan tugas dan tanggung jawabnya  membuat akta otentik notaris terkadang melakukan kesalahan yang berdampak kepada sanksi perdata, aministratif dan pidana. Jika dilihat dalam Pasal 16 ayat (1) huruf b UUJN bahwa minuta akta wajib dibuat dan disimpan sebagai bagian dari protokol Notaris. Tujuan dari penilitian ini adalah untuk menganalisis pentingnya notaris untuk membuat minuta akta dalam pembuatan salinan aktanya. Bagaimana akibat yuridis terhadap minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya, kemudian apa akibat hukum untuk Notaris yang tidak membuat minuta akta dalam pembuatan salinan aktanya. Penelitian hukum ini merupakan penelitian hukum normatif pendekatan yang dilakukan adalah pendekatan perundang-undangan dan pendekatan konseptual. Akibat hukum untuk minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya akan menyebabkan akta tersebut batal demi hukum sebab melanggar aspek formil dalam pembuatan akta dan Notaris tidak melaksanakan salah satu kewajibannya yang ada di dalam Pasal 16 ayat (1) huruf b UUJN. Akibat hukum bagi Notaris nantinya akan diberikan  sanksi sebagai pertanggungjawabannya yaitu sanksi perdata, administratif dan pidana.Kata kunci: kewajiban notaris, minuta akta, salinan akta

scholarly journals Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak

2020 ◽  
Vol 1 (1) ◽  
pp. 207-213
Author(s):  
Ida Bagus Agung Pariama Manuaba ◽  
I Nyoman Sujana ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

scholarly journals SETTING OF PLANTATION LAND AREA LIMITATION BASED ON SOCIAL FUNCTION PRINCIPLES OF LAND CULTIVATION RIGHTS TO REALIZE SOCIAL WELFARE-PROMOTING PLANTATION

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Lego Karjoko
Keyword(s):  
Social Welfare ◽  
Research Method ◽  
Social Function ◽  
Land Ownership ◽  
Forest Area ◽  
Land Area ◽  
Land Utilization ◽  
Legal Research ◽  
Conceptual Approach ◽  
Land Cultivation

The existence of large plantations in Indonesia has proven the failure of individualism value to uphold agrarian justice. This study aims to examine regulations regarding to the land ownership which contradicts with social function principles of Land Cultivation Rights (LCR) and provide recommendation for setting the land ownership which can realize land utilization for plantation ideally. This study employs normative legal research method by statute and conceptual approach. The legal materials were analyzed by inductive, deductive and interpretative syllogism. The results of this research are as follows. First, regulations on Site Permit, Plantation Operation Permit and Release of Forest Area for Plantation based on utilitarian justice and concentrative land ownership are not in accordance with social function principles of Land Cultivation Rights (LCR). Second, the setting of maximum ownership for plantation companies should be based on their type of plants and given fully assets that enable the plantation companies to use the land optimally.Keywords: Land Cultivation Rights, cultivation land area, people’s welfare 

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