scholarly journals LAW ENFORCEMENT AND PROTECTION OF NOTARIES IN THE CRIMINAL DOMAIN AND LAW OF NOTARY POSITION (CASE STUDY OF DECISION NUMBER 196/PID.B/2019/PN DENPASAR)

2021 ◽  
Vol 6 (1) ◽  
pp. 38-45
Author(s):  
Gede Amatya Ananta ◽  
I Made Arjaya ◽  
Anak Agung Istri Agung
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Professional Ethics ◽  
Supervisory Board ◽  
Legal Protection ◽  
Applicable Law ◽  
Criminal Sanctions ◽  
Notary Public ◽  
Administrative Sanctions

Notary is an official authorized to make an authentic deed in accordance with the provisions of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Position of Notary (UUJNP). In carrying out his duties, the notary must uphold the moral values ​​and professional ethics and must obey the applicable law so as not to make mistakes which will carry risks for the notary himself and cause harm to the community. Risks arising from negligence for the notary public in their duties are in the form of enforcement of sanctions both civil sanctions, criminal sanctions and administrative sanctions. This study analyzes criminal enforcement of notaries, as well as norm conflicts that arise between criminal decisions by judges against notaries and the applicable laws. The aims of this study is to find out the enforcement and sanctions against notaries in the realm of criminal law and notary office law based on case study of decision number 196 / pid.b / 2019 / pn Denpasar), and to determine the form of legal protection against notaries. This study uses the normative juridical method. The results of this study revealed that there are two elements in law enforcement and protection of notaries, namely preventive and repressive. Preventive in the form of supervision of notary practices and repressively is the imposition of sanctions. The form of legal protection for notaries is carried out by the Notary Supervisory Board and the Notary Honorary Council.

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

scholarly journals AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 223
Author(s):  
Roeri Andriana ◽  
Munsyarif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Supervisory Board ◽  
Legal Protection ◽  
Field Research ◽  
The State ◽  
Public Official ◽  
Qualitative Data Analysis ◽  
Notary Public ◽  
Administrative Sanctions

Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The making of an authentic deed is required by law and regulation in order to create certainty, order and legal protection. In addition, the authentic deeds made by or before the notary are not only required by legislation, but also because it is desired by the parties concerned to ensure the rights and obligations of the parties. Notary became one of the general officials who provide services in the form of archiving files that have been done by the parties. What is meant by filing is to bind any legal acts committed by the parties in the notary's office. To achieve the objectives used legal juridical Normative research is the study of the law that focuses on the study of documents or bibliography, but to complement the data obtained from the study of documents or library then conducted field research, ie from the sources. Data analysis used is qualitative data analysis. Notary pursuant to Article 1 paragraph 1 of Law number 2 of 2014 concerning Position, Notary is a public official authorized to make authentic deeds and other authorities as referred to in this law. And still in Article 1 paragraph 13 UUJN (Position Notice Act) Protocol is a collection of documents that are archives of the state that should be kept and maintained by a notary. From the result of research and discussion it is concluded that rejecting protocol from other notary is not justified, because every notary must accept protocol from other notary it is stated in Notary Appointment Letter. Notary holder of the protocol shall only be responsible for securing state documents, submitting minas deed if necessary, in case of responsible criminal acts shall remain the notary making. It is stipulated in the Notary Office Law Article 65 that a notary, a substitute notary, a notary public official is responsible for every deed he has made even though the notary protocol has been transferred or transferred to the notary notary of the notary protocol. The rejection of the notary protocol is not an unlawful act, the unlawful act that exists in the notary profession is anything that is concerned with the product made by a notary (authentic deed). The supervision of a notary is conducted by the Minister by appointing the MPD (Regional Supervisory Council) in the case of notary protocol is the regional supervisory board to conduct reprentative and reprefentative supervision to impose administrative sanctions in the form of oral reprimands, written warning, dismissal, dismissal with respect and disrespect dismissal. Administrative sanctions are provided based on investigation team results, so MPW may impose sanctions on the notary who rejects the protocol.Keywords: Notary Public, Notary Protocol, Notary Supervisory Board.

scholarly journals Legal Protection for Victims of Corporate Crimes In The Employment Field at Palembang City

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Burhanuddin Burhanuddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Sanctions ◽  
Corporate Executives ◽  
Alternative System ◽  
Criminal Penalties ◽  
The City ◽  
Economic Considerations

Criminal sanctions which are imposed on corporations committing employment crimes as provided inArticle 185 paragraph (1) of the Manpower Act are sufficiently burdensome, both for corporations andcorporate administrators, as the cumulative and alternative system of criminal imposition of criminalpenalties. It means that the corporate executives who commit crimes may be subject to imprisonmentor criminal penalties and both imprisonment and fine. But in practice law enforcement officers do notdirectly impose criminal sanctions in the form of imprisonment to corporate executives who commitcrimes in the field of employment in the city of Palembang. This is due to the tendency of lawenforcement officers to use the principle of subsidiarity, namely the criminal law placed in the ultimumremendium position, on the grounds of economic considerations, so that sanctions are imposed onlyadministrative sanctions and criminal penalties and close the normative rights of labor only. DOI: 10.15408/jch.v5i2.7087

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals Thoughts on the principle of ne bis in idem in the light of administrative and criminal sanctions for the legal protection of animals

2021 ◽  
Vol 16 (31) ◽  
pp. 7-22
Author(s):  
Krisztina Bányai
Keyword(s):  
Animal Welfare ◽  
Legal Protection ◽  
Constitutional Court ◽  
The European Union ◽  
Criminal Sanctions ◽  
European Court ◽  
Ne Bis In Idem ◽  
Unlawful Conduct ◽  
Administrative Sanctions ◽  
Cruelty To Animals

According to the well-developed interpretation of the principle of the ne bis in idem in the case law of the Court of Justice of the European Union and the European Court of Human Rights, the same conduct cannot be the subject of two proceedings or santions with similar functions and purposes. In Hungary the Constitutional Court has interpreted the rules of the ne bis in idem in administrative and criminal procedure for animal welfare fine and sanctions for cruelty to animals in Decision 8/2017. (IV.18) AB and the legislator settled its rules in Act on administrative sanctions which came into effect from the 1st of January, 2021. The recent study through practical issues approaches how principle prevails, its problems and possible solutions in the field of unlawful conduct in animal welfare, in particular regarding the role of the prosecutor.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

The Equal Migrant Labor Distribution through Indonesia Labor Law Policy in ASEAN Economic Community Framework

2020 ◽  
Vol 11 (2) ◽  
pp. 334
Author(s):  
Emilia Fitriana DEWI ◽  
Agus MULYA ◽  
An CHANDRAWULAN ◽  
Yani PUJIWATI ◽  
Achmad GHAZALI ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Migrant Workers ◽  
Central Government ◽  
Migrant Labor ◽  
Economic Community ◽  
Labor Laws ◽  
Criminal Sanctions ◽  
Asean Economic Community ◽  
Administrative Sanctions ◽  
Desk Research

The ASEAN Economic Community (AEC) currently requires diverse economic agreements and laws across the region because it moves in a robust multilateral connection based on political, industry, welfares, services, and especially migrant workers. Indonesia, as the largest provider of migrant workers, should have been prepared to deal with the cases of migrant workers. There is a need to build up consensus and appropriate Indonesian labor laws, such as the establishment of multi-partite bodies for purposes of recognition in the ASEAN Economic Community. Thus, this paper attempts to analyze the current existing labor laws in Indonesia. External desk research was employed in this study as the methodology. The results found that the several laws do not meet the needs of the Protection of Indonesian Migrant Workers concerning the Placement and Protection of Indonesian Workers Abroad. There has not yet provided proportional tasks and authority between the Central Government, Regional Governments, and the private sector. The implementation of the Protection of Indonesian Migrant Workers requires strict supervision and law enforcement. The supervision including protection before work, during work, and after work, and law enforcement should accommodate the administrative sanctions and criminal sanctions.  

scholarly journals Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 143-149
Author(s):  
Rama Sari Atiwiz Purba ◽  
Ridho Mubarak ◽  
Rafiqi Rafiqi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Government Regulation ◽  
Legal Action ◽  
Foreign Nationals ◽  
Criminal Sanctions ◽  
Library Research ◽  
Criminal Offenses ◽  
The Republic ◽  
Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

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