scholarly journals KEPASTIAN HUKUM PENYERAHAN PROTOKOL NOTARIS KEPADA PENERIMA PROTOKOL

Acta Comitas ◽  
2017 ◽  
pp. 137
Author(s):  
Ida Ayu Md Dwi Sukma Cahyani ◽  
Yohanes Usfunan ◽  
I Nyoman Sumardika
Keyword(s):  
Legal Issues ◽  
Legal Certainty ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Protection Of Human Rights ◽  
Submission Deadline ◽  
Card System ◽  
Administrative Sanctions ◽  
To Receive ◽  
Legal Consequences

Notary Authority is very important for the parties who make an agreement under the civil law. In performing their duties, notaries are required to maintain their accuracy and prudence, in order to provide justice, without any discrimination, thus providing legal certainty and the protection of human rights of the parties concerned. Under the provisions of Article 63 of the Law on Notary, there has been obscurity and vacuum of norms. The said obscurity of norm is about the certainty of protocols’ submission of notaries which have been overdue as specified on the provisions of Article 63 of Law on Notary Position. The vacuum of norms also mean the lack of certainty about who is responsible for the notary protocols, the absence of the regulations related to who should receive the protocols and the lack of sanctions against the notary who has been designated to receive the protocol by the Regional Supervisor Assembly but was not willing to accept the protocol. These provisions give rise to legal issues namely: what  the legal consequences of Notary Protocols that have not been submitted after the deadline for submission and how the provisions of sanctions against the notary who is not willing to accept the protocols. The type of research used in this thesis was a normative legal research because of the obscurity and the vacuum of norms. The legal materials collection techniques used were a literature study and a card system. To analyze the legal materials, it was used descriptive techniques, interpretation, construction and argumentation theories and concepts associated with the relevant legal issues. The results showed that the Notary Protocol Submission to the recipient of the protocols which have passed the submission deadline resulted in some juridical consequences. The consequences include: Incidence of doubt, the uncertainty associated with the filing of the protocol the Notary. The lack of certainty associated with the accountability to the possibility of loss and destruction of the protocols of Notary. Other consequences that arise are if the parties concerned are unable to obtain a copy of their certificates back in the event of the onset of a dispute between the parties. If the notaries proved to have violated, they can be subject to sanctions. The sanctions that may be imposed on the Notaries if they make any violations are the administrative sanctions, civil penalties and criminal sanctions.

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 Dismissal of Village Officials According to Sumbawa Regency Regional Regulation Number 3 of 2015

2021 ◽  
Vol 8 (10) ◽  
pp. 298
Author(s):  
Athar Agung Ramdhan ◽  
H. M. Galang Asmara ◽  
H. Kaharuddin
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Community Empowerment ◽  
Legal Issues ◽  
Legal Certainty ◽  
Village Community ◽  
Protection Of Human Rights ◽  
Village Communities ◽  
The Village ◽  
Made In

The village head has an urgent function in development, empowering village communities. As a village head, as a public office, the decisions taken must comply with legality, the principle of protection of human rights, and the general principles of good governance. The fact is, the village government's problems do not always run smoothly because they get rejection and resistance from the community. The refusal and resistance, even to the point of legal issues or resolved through reporting. One of the cases occurred in the Berora Village administration, Lapok District, Sumbawa Regency, in the form of a decision by the Village Head to dismiss four Regional Heads. The above case basically will not happen if the principles of legal certainty and orderly administration of government according to the Sumbawa Regency Regulation Number 3 of 2015 can be carried out correctly. Researchers made in-depth observations of the subjects involved, starting from the Village Head, Hamlet Head, BPD Desa Berora, Camat Lapok, and possibly an in-depth investigation of the regional regulations themselves through the Sumbawa Regency law bureau. The results showed that the Dispute on the dismissal of the Village Apparatus by the Village Head of Berora resolves through two media, namely Administrative Efforts and the Mataram State Administrative Court. The decision has given through administrative efforts (Camat, strengthened by the Head of the Village Community Empowerment Service and the Regional People's Representative Council through Commission one decided that the dismissal of the Berora Village Apparatus must be annual.

scholarly journals Effects for Land Deed Official (PPAT) in the Sale and Purchase Agreements of Land Which Does Not Match With Procedure of the Land Deed Making in Magelang

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 755
Author(s):  
Sahudi Sahudi ◽  
Akhmad Khisni
Keyword(s):  
Qualitative Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Research Results ◽  
Administrative Sanctions ◽  
Transaction Value ◽  
Transaction Price ◽  
Legal Consequences

The purpose of this study was to analyze: 1) The forms of the deed of sale of land that is not in accordance with the procedures of the Land Deed Manufacture in Magelang. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures of the Land Deed Manufacture in Magelang. 3) The legal consequences for the Land Deed Official (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in Magelang.This research is normative juridical approach, the sociological juridical approach. The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.The research results are: 1) The forms of the deed of sale of land that is not in accordance with the procedures Making Land Deed in Magelang among which the sales and purchase agreement by the parties do not before PPAT who signed the deed of sale (deposit certificate), signing not done in the same time in front of PPAT, the transaction price values contained in the deed of sale is different from the actual transaction value. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures Making Land Deed in Magelang, namely the existence of a situation which requires PPAT to manufacture the deed of sale that is not in accordance with the procedures deed PPAT is needed in order to save a sale and purchase transaction , their high trust between the parties with PPAT, a factor the value of security be so PPAT would follow the wishes of the parties. 3) The legal consequences for Deed Official Land (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in the district of Magelang is PPAT be dishonorably discharged from his position, may be subject to administrative sanctions and fines in accordance with the regulations applicable.Keywords: Sale and Purchase Agreements; PPAT; Effects.

scholarly journals Akibat Hukum Kelalaian Pejabat Pembuat Akta Tanah (Ppat) Yang Tidak Melaporkan Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Dalamperalihan Hak Atas Tanah

2020 ◽  
Vol 2 (1) ◽  
pp. 104-108
Author(s):  
I Nyoman Agung Mas Dinata ◽  
I Putu Gede Seputra ◽  
Luh Putu Suryani
Keyword(s):  
Land Rights ◽  
Continuous Change ◽  
Literature Study ◽  
Legal Method ◽  
Administrative Sanctions ◽  
Legal Consequences

Development is essentially a process of continuous change in order to improve and progress toward the goals to be achieved. Fees for the acquisition of land and building rights, namely a tax on land / building rights, which in this case is referred to as a tax. In doing so, the PPAT can neglect by not reporting BPHTB in a transfer of land rights. Based on this, the title was raised. Then the problems arising from this study are: 1. How is the reporting arrangement for the acquisition of rights to land and buildings by the official land deed maker in the transfer of land rights? 2. What are the legal consequences for officials who make land certificates that do not submit reports on the acquisition of land and building rights? The method in this paper is a normative legal method, with literature study sourced from legal and secondary legal materials. The results obtained are the result of not carrying out an obligation in reporting taxes on land and building rights is the imposition of sanctions in the form of tax penalties and administrative sanctions in the form of fines. Pembangunaan pada hakekatnya merupakan proses perubahan terus menerus guna menuju perbaikan dan kemajuan ke arah tujuan yang ingin dicapai. Bea perolehan hak atas tanah dan bangunan yakni suatu pajak terhadap hak atas tanah/bangunan dimana dalam hal ini disebut sebagai pajak. Dalam pelaksanaanya, PPAT dapat melakukan kelalaian dengan tidak melaporkan BPHTB dalam suatu peralihan hak atas tanah. Berdasarkan atas hal tersebut maka diangkat judul. Maka timbul persoalan dari penelitian ini adalah: 1. Bagaimanakah pengaturan pelaporan bea perolehan hak atas tanah dan bangunan oleh pejabat pembuat akta tanah dalam peralihan hak atas tanah? 2. Bagaimanakah akibat hukum bagi pejabat pembuat akta tanah yang tidak menyampaikan laporan bea perolehan hak atas tanah dan bangunan? Metode dalam penulisan ini adalah metode hukum normatif, dengan studi kepustakaan yang bersumber dari bahan hukumprimer serta bahan hukum sekunder. Adapun hasil yang didapat adalah akibat dari tidak dilaksanakannya suatu kewajiban dalam melaporkan pajak dari hak atas tanah dan bangunan adalah dikenakannya sanksi berupa sanksi perpajakan serta sanksi administrasi yang berupa denda.Dimana kedepannya diharapkan agar PPAT rutin melaksanakan kewibannya dalam hal melaporkan wajib pajaknya.

scholarly journals Akibat Hukum Pengusaha Melakukan Perbuatan Curang pada Masa Pandemi Dikaitkan dengan Perundang-Undangan Yang Berlaku

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 250
Author(s):  
Abraham Radja ◽  
Imam Haryanto
Keyword(s):  
Secondary Data ◽  
Literature Study ◽  
Dominant Position ◽  
Administrative Sanctions ◽  
Legal Consequences

This writing is written to find out the fraudulent acts committed by business actors during the pandemic and how the legal consequences arise from these fraudulent acts. This research is a juridical normative type with a statutory approach using secondary data collected through literature study. From this writing, it can be concluded that dominant position, Price fixing, and hoarding are a form of fraudulent and interrelated acts committed by business actors in the current pandemic era. Administrative sanctions, fines, imprisonment or additional penalties are given to comply with the applicable provisions for parties who commit several forms of fraud during the pandemic period.

scholarly journals KEDUDUKAN PEJABAT KEPALA DESA DALAM PENYELENGGARAAN PEMERINTAHAN DESA

2016 ◽  
Vol 4 (1) ◽  
pp. 47
Author(s):  
Arief Sumeru
Keyword(s):  
Data Collection ◽  
Research Result ◽  
Secondary Data ◽  
Research Approach ◽  
Legal Certainty ◽  
Literature Study ◽  
Library Research ◽  
Village Government ◽  
The Village ◽  
Legal Consequences

This research was conducted to determine status and legal consequences of village head on the village management in accordance with the provisions of the village legislation. This research approach used normative juridical approach in the sense of examining norms and rules relating to issues to be discussed. Supporting data were secondary data that is obtained from library, legislation in force, and theories that exist in the literature relating to the village. The data collection is obtained by organizing a literature study (Library Research). This research result showed that the presence village head aimed to implement village government in accordance with the provisions of the legislation in force and obtained legal certainty to the community.

scholarly journals Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 27
Author(s):  
Ryan Ari Hadinata
Keyword(s):  
Financial Institutions ◽  
Physical Violence ◽  
Criminal Code ◽  
Legal Issues ◽  
Legal Action ◽  
Legal Research ◽  
Application Of Law ◽  
Criminal Sanctions ◽  
The Republic ◽  
Legal Consequences

The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary

scholarly journals Implementation of Good Corporate Governance Principles in Commercial Banks

2020 ◽  
Vol 7 (10) ◽  
pp. 404
Author(s):  
Adinda Mutia Gani ◽  
Kurniawan Kurniawan ◽  
Hirsanuddin Hirsanuddin
Keyword(s):  
Corporate Governance ◽  
Data Analysis ◽  
Commercial Banks ◽  
Qualitative Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Good Corporate Governance ◽  
Administrative Sanctions ◽  
Legal Consequences

This research was conducted to find out how the application of the principles of Good Corporate Governance by Bank Indonesia to Commercial Banks and what are the legal consequences if Commercial Banks do not apply the principles of Good Corporate Governance in carrying out banking activities. This research is a normative legal research with a statutory and conceptual approach and qualitative data analysis. The results obtained from research conducted were that the implementation of Good Corporate Governance at Commercial Banks by Bank Indonesia was caused by the economic and monetary crises that occurred in Indonesia in 1997-1999 due to the failure to apply Good Corporate Governance in every activity in the company and in banking and legal consequences. for Commercial Banks that do not apply Good Corporate Governance in their banking activities as stipulated in Bank Indonesia Regulation Number 8/14 / PBI / 2006 Article 69, namely administrative sanctions and No criminal sanctions for Commercial Banks that do not apply Good Corporate Governance in their banking activities.

scholarly journals Pengaturan Ruang Terbuka Hijau Berdasarkan Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011

2020 ◽  
Vol 1 (1) ◽  
pp. 44-48
Author(s):  
Ni Putu Feggy Cintya Karna ◽  
I Ketut Sukadana ◽  
I Nyoman Sutama
Keyword(s):  
Urban Areas ◽  
Spatial Planning ◽  
Open Space ◽  
Literature Study ◽  
Open Spaces ◽  
Temporary Suspension ◽  
Spatial Use ◽  
Administrative Sanctions ◽  
The City ◽  
Legal Consequences

In this era, urban areas have become a problem that is quite difficult to overcome, especially in the matter of utilization of green open space caused by land demand continuing to increase. The problems discussed in this study are the coverage of green open space and the legal consequences of constructing buildings in green open space in the city of Denpasar. The type of the research used in this study is normative legal research with two types of sources of legal materials, primary and secondary. Data collection was carried out using a literature study which was then analyzed qualitatively. The results show that green open spaces in cities belong to the spaces in the form of areas or paths dominated by plants functioning as protection of certain habitats, city facilities, infrastructure safety networks, and/or agricultural cultivation as regulated in Regional Regulation of Denpasar City Number 27 of 2011 concerning the Spatial Planning for the City of Denpasar in 2011-2031. Furthermore, the legal consequences for violations of erecting buildings in green open spaces or controlling spatial use of urban areas are in the form of administrative sanctions for supervision activities which result in obstruction of the implementation of the spatial utilization program, both carried out by the permit recipient and the licensor. Types of administrative sanctions for the community consist of warnings and/or reprimands, temporary suspension of administrative services, temporary suspension of development activities and/or use of space, revocation of permits relating to spatial use, restoration of functions or rehabilitation of spatial functions, demolition of buildings not in accordance with the plan spatial planning, licensing/whitening, and the imposition of fines. There are also other sanctions in the form of imprisonment for a maximum of 6 (six) months or a maximum fine of IDR. 50,000,000.00, - (fifty million rupiah).

scholarly journals Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli

2020 ◽  
Vol 1 (1) ◽  
pp. 143-147
Author(s):  
Ni Kadek Sofia Septiarianti ◽  
I Nyoman Sumardika ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Code Of Ethics ◽  
Primary Data ◽  
Public Official ◽  
Criminal Sanctions ◽  
Legal Relationship ◽  
Analysis Technique ◽  
Data Source ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.

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