scholarly journals Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa

2020 ◽  
Vol 1 (1) ◽  
pp. 189-194
Author(s):  
Ida Ayu Chandra Cintiadewi ◽  
I Nyoman Putu Budiartha ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Strong Evidence ◽  
Empirical Data ◽  
Research Method ◽  
Legal Protection ◽  
The State ◽  
Public Official ◽  
Legal Power ◽  
Notary Public ◽  
Material Conditions

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.

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 Tanggung Jawab Ahli Waris Notaris dan Perlindungan Hukum terhadap Penghadap atas Protokol Notaris yang Hilang atau Rusak

2021 ◽  
Vol 13 (1) ◽  
pp. 279
Author(s):  
Bimo Lahkoro Anugroho
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Public Official ◽  
Conceptual Approach ◽  
Loss And Damage ◽  
Notary Public ◽  
The Republic

This paper focuses on the topic of what is the responsibility of heirs who not submit notary protocols when the protocol is lost or damaged ?,  What is the form of legal protection for notary clients or clients when the deed is lost or damaged? The method used in this paper is a normative juridical approach, using a statutory approach, conceptual approach, and case approach. The results of this paper indicate that the notary as public official who is in charge of making authentic deeds in his duties is also attached to the obligations to maintain the Notary Protocol. The Protocol shall be maintained and guarded properly by the Notary concerned or by the Notary Holder of the Protocol, and will remain in effect as long as or as long as the Notary's office is still required by the State. The form of the responsibility of a notary public or notary's heir for the notary's protocol when the deed is damaged or lost by negligence or deliberately related to the legal protection obtained by the applicant (client) for his deed at a later date. Then the notary concerned will be held accountable by making a report to the police for loss and damage, sending a report to the Minister of Law and Human Rights of the Republic of Indonesia regarding the condition of loss or damage then waiting for action to continue in the settlement process.

scholarly journals The Existence of Notary Honor Assemblies in the Criminal Justice Process

2018 ◽  
Vol 3 (1) ◽  
pp. 74
Author(s):  
Rahmida Erliyani ◽  
Achmad Ratomi
Keyword(s):  
Criminal Justice ◽  
Low Cost ◽  
Legal Protection ◽  
The State ◽  
Public Official ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Notary Public ◽  
Court Hearing ◽  
Government Authority

The aim of this study is to know and analyze the basic idea of the necessityfor the approval of the Notary Honor Assemblies to the Notary examination in thecriminal justice process and on the approval of the Notary Honor Assemblies to theNotary examination in the criminal justice process in relation to the principle fast,simple and low cost trial. This research uses doctrinal law research done or aimedat a concept that will be studied which is the concept or principle of fast, simpleand low cost trial in relation with the authority of Honorary Notary Assembly to thechecking of Notary in criminal justice process. The basic rationale of the existenceof this NHA is the effort to enforce the obligation to deny or deny notary rights(the obligation to conceal the contents of the deed). Thus, the NHA’s approval asa opening “key” to the obligation of Notaries public when facing the complicatedlegal process. Legal protection of notary as regulated in Article 66 paragraph (1)law of the Repulic of Indonesia concerning Position of Notary (LPN) is a legalprotection to notary public as a public official who is performing its task andobligation in carrying out government authority to keep the state documents in theform of authentic deed. The request for approval from NHA is not only done bythe investigator at the stage of investigation, but will also be requested again bythe prosecutor for the prosecution and by the judge for the court hearing not inaccordance with one of the principles in the criminal justice process that is fast,simple and low cost court principle. For the seizure of the copy of the minuta deedand the summon to the Notaries must first the investigator, the prosecutor and thejudge send the application for approval to NHA. It is said not to be in accordancewith the simple justice principle because according to Article 66 Law of Position ofNotary (LPN), the request for the approval of NHA is done at every stage of criminaljustice process. 

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Kewenangan Notaris Dalam Pembuatan Akta Otentik Berkaitan Dengan Kontrak Kerjasama

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 11
Author(s):  
Maslikan Maslikan ◽  
Sukarmi Sukarmi
Keyword(s):  
Research Method ◽  
Limited Liability ◽  
Research Approach ◽  
Public Official ◽  
Limited Liability Company ◽  
Notary Public ◽  
Business Entities

AbstrakDalam pasal 1 ayat (1) UU No 30 Tahun 2004 tentang Jabatan Notaris, Notaris  adalah pejabat umum yang berwenang untuk membuat akta otentik dan kewenangan lainnya sebagaimana dimaksud dalam undang-undang ini. Salah satu kewenangan notaris adalah membuat akta otentik, dimana hal tersebut sesuai dengan ketentuan dalam pasal 15 UU No 30 Tahun 2004 tentang Jabatan Notaris.Hal ini penulis mencoba menelaah kewenangan notaris dalam pembuatan akta otentik berkaitan dengan kontrak kerjasama.Peneitian ini menggunakan metode penelitian hukum normative, dimana pendekatan penelitian yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual.Akta-akta yang dibuat oleh Notaris misalnya pedirian Perseroan Terbatas (PT), perubahan dan risalah umum pemegang saham, pendirian yayasan, pendirian bahan usaha-badan usaha lainnya, kuasa untuk menjual, perjanjian sewa menyewa, perjanjian jual beli, keterangan hak waris, wasiat, pendirian CV termasuk perubahannya, pengakuan utang, perjanjian kredit dan dan pemberian hak tanggungan, perjanjian kerjasama, kontrak kerja, segala bentuk perjanjian yang tidak dikecualikan kepada pejabat lain, oleh sebab itu akta yang berkaitan dengan kontrak kerjasama mutlak merupakan wewenang oleh sorang Notaris untuk membuat akta otentik tersebutKata Kunci : kewenangan notaris, akta otentik, kontrak kerjasama AbstractIn article 1 paragraph (1) of Law No 30 Year 2004 concerning Notary Public, Notary is a public official authorized to make authentic deed and other authority as referred to in this law. One of the authority of a notary is to make an authentic deed, which is in accordance with the provisions of Article 15 of Law No 30 Year 2004 regarding Notary Position.This author tries to examine the authority of notary in making authentic deed related to cooperation contract. This research uses normative law research method, where the research approach used is the approach of legislation and conceptual approach.Notarial deeds made by a Notary, such as the establishment of a Limited Liability Company (PT), general shareholder changes and minutes, establishment of foundations, establishment of materials of other business entities, authorization to sell, lease agreements, sale and purchase agreements, inheritance rights, , the establishment of the CV including amendments, recognition of debts, credit agreements and the granting of mortgages, cooperation agreements, contracts of employment, all forms of agreements not excluded to other officials, therefore deeds relating to the contract of cooperation are absolutely authorized by a Notary to make the authentic deedKeywords: notary authority, authentic deed, cooperation contract

Perlindungan Hukum Konsumen Pada Perjanjian Baku (Standar Contract) PT. Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick)

2020 ◽  
Vol 2 (2) ◽  
pp. 134-145
Author(s):  
Ahyuni Yunus ◽  
Agustina Ali Bilondatu
Keyword(s):  
Research Method ◽  
Equal Opportunity ◽  
Legal Protection ◽  
Active Role ◽  
The State ◽  
Standard Contract ◽  
Role Of The State ◽  
Changing Times ◽  
The Stability

Penelitian ini bertujuan, pertama Bentuk perlindungan hukum konsumen pada perjanjian baku (Standart Contract) PT Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick), kedua Upaya hukum konsumen Konsumen tindakan sepihak yang dilakukan oleh pihak Telkomsel. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa, pertama, Perlindungan hukum terhadap pekerja dimaksudkan untuk menjamin hak-hak dasar dan menjamin kesamaan kesempatan serta perlakuan tanpa diskriminasi atas dasar apapun untuk mewujudkan kesejahteraan pekerja beserta keluarganya. Perlindungan pekerja tersebut hanya dapat tercapai jika adanya peran serta Negara secara aktif dalam menjaga stabilitas iklim industrialisasi dengan perindungan terhadap pekerja, atau dengan kata lain ditengah gesekan perubahan zaman dan menggeliatnya pertumbuhan ekonomi maka peran serta Negara merupakan keniscayaan. This study aims, firstly, the form of consumer legal protection in the PT Telkomsel standard contract against the use of postpaid cards (Halo Kick), secondly the consumer's legal efforts for unilateral actions taken by Telkomsel. The research method used is normative legal research method. The results show that, first, legal protection for workers is intended to guarantee basic rights and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families. Protection of workers can only be achieved if there is an active role of the State in maintaining the stability of the industrialization climate with protection of workers, or in other words, amidst the friction of changing times and stretching economic growth, the participation of the State is a necessity.

scholarly journals The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian

2019 ◽  
Vol 3 (1) ◽  
pp. 35-43
Author(s):  
Nova Winantika Rindang Kirana ◽  
I Nyoman Nurjaya ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
East Asian ◽  
Legal Protection ◽  
The State ◽  
Conceptual Approach

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

2021 ◽  
Vol 9 (2) ◽  
pp. 37
Author(s):  
Khairunnisa Noor Asufie ◽  
Ali Impron
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Competent Authority ◽  
Legal Protection ◽  
Public Official ◽  
Public Officials ◽  
Conceptual Approach ◽  
Principle Of Proportionality ◽  
Two Sides ◽  
Prescriptive Analysis

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PERDAGANGAN ORANG

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Heri Santosa
Keyword(s):  
Research Method ◽  
Use Of Force ◽  
Legal Protection ◽  
The State ◽  
Child Victims ◽  
Trafficking In Persons ◽  
Abuse Of Power ◽  
Descriptive Research ◽  
Research Type

Trafficking in Persons is the act of recruiting, transporting, holding, sending, transferring, or accepting someone with threats of violence, the use of force, kidnapping, confinement, forgery, fraud, abuse of power or vulnerable position, bondage or giving payment or benefits, thus obtaining approval from People who have control over other people, whether done within the country or between countries, for the purpose of exploitation or causing people to be exploited, is a problem that must be resolved immediately. The research method used by the writer is descriptive research type with a normative legal approach. The results showed that children and women were the most victimized, because they were often the targets and were considered the most vulnerable. The aim of this research is that the state will protect child victims of trafficking in persons from the perpetrators of these evil acts in accordance with Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection.Keywords: legal protection, child, victims, trafficking

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