scholarly journals Tanggung Jawab Saksi Pengenal Terhadap Keterangan yang Diberikan dalam Pembuatan Akta Autentik

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 187
Author(s):  
Pebry Dirgantara
Keyword(s):  
National Identity ◽  
Research Method ◽  
Advanced Age ◽  
Criminal Sanction ◽  
False Information ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Library Research ◽  
Identity Card ◽  
Materials Used

Identifying witness is a person who introduces the identity of the person to the notary. Identifying witnesses are also needed in making deeds if the parties have advanced age or have weak memory. In UUJN-P Article 40 paragraph (2) only states the conditions can be a witness in the deed. In Article 39 of the UUJN-P it is not explained about the position of the witnesses and the responsibility of the witnesses to the truth of the information regarding the identities of the viewers, in this case it can be said as the obscurity of legal norms. This study uses a normative juridical research method. The approach used in this study is through the law approach (statue approach), conceptual approach (conceptual approac) and case approach (case approach). The legal material collection technique is through library research relating to identifying witnesses in making authentic deeds. The techniques for analyzing legal materials used are description, interpretation, and argumentation. The position of the identifying witness is the person who introduces the notary to the viewer. The witness present here has a role in making authentic deeds as the person who introduces the applicants to the notary. The duty of the identifying witness is to introduce the viewers based on the identity of the viewer in the form of a valid National Identity Card. The witness here is not responsible for the contents of the authentic deed. Identifying witnesses can be held criminally responsible if they deliberately provide false information to the notary regarding the identity of the viewers in the process of making a deed. The criminal witness given to the witness is an criminal sanction in the form of a prison. Can ask for accountability because the witness is the person who first introduced the viewers to the notary and there are elements of error, the element of loss and the existence of elements of cause and effect. Pihak yang memperkenalkan identitas dari para penghadap kepada notaris disebut sebagai saksi pengenal. Saksi pengenal juga diperlukan dalam pembuatan akta apabila para pihak sudah berumur lanjut atau sudah memiliki daya ingat yang lemah.  Dalam UUJN-P Pasal 40 ayat (2) menentukan syarat saksi pengenal pada akta. Pasal 39 UUJN-P tidak menerangkan kedudukan dan tanggungjawab saksi pengenal. Penelitian yuridis normatif merupakan metode yang digunakan dalam penelitian ini. Pada penelitian ini menggunakan pendekatan undang-undang (statue approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Adapun teknik pengumpulan bahan hukum yang digunakan yakni berdasarkan teknik kepustakaan yang berhubungan dengan saksi pengenal dalam pembuatan akta autentik. Teknik deskripsi, interprestasi serta argumentasi merupakan teknik analisis bahan hukum yang diterapkan dalam penelitian ini. Kedudukan dari seorang saksi pengenal dalam suatu akta autentik yakni sebagai pihak yang memperkenalkan para pihak sebagai penghadap kepada notaris, maka dapat dikatakan seorang saksi pengenal mempertegas keterangan yang diberikan oleh penghadap kepada notaris. Dapat dikatakan saksi pengenal memiliki tugas untuk memperkenalkan para penghadap sesuai dengan Kartu Tanda Penduduk yang berlaku. Terhadap isi akta yang dibuat, saksi pengenal tidak memiliki tanggung jawab. Pertanggungjawaban saksi pengenal secara pidana hanya dapat dikenakan apabila ia memberikan keterangan palsu terhadap identitas para penghadap. Saksi pidana yang diberikan kepada saksi pengenal adalah sanksi pidana berupa penjara dikarenakan saksi pengenal disini yang dianggap lebih mengetahui identitas dari penghadap.

scholarly journals Tanggung Jawab Notaris Dalam Pembuatan Minuta Yang Dibuat Berdasarkan Keterangan Palsu

Acta Comitas ◽  
2016 ◽  
Author(s):  
Putu Mas Maya Ramanti
Keyword(s):  
Data Collection ◽  
Legal Regulation ◽  
Public Official ◽  
Electronic Format ◽  
False Information ◽  
Conceptual Approach ◽  
Library Research ◽  
Legal Effect ◽  
Materials Used ◽  
Set Up

In Article 1 paragraph (1) of laws No.2 of 2014 concerning the amendment to the Laws No. 30 of 2014 concerning the office of a notary states that a notary is a Public Official authorized to make an Aunthentic deed and has other authorities as set up in the legislation or under other laws. Deed made before a notary can be classified in two (2) kinds of certificates, namely partij deed/deed of the parties and the deed of relaas/officials. The problem discussed in this thesis is what is the legal regulation of the production of notarial deed in the legislation in Indonesia, what is the legal effect of a deed made based on false information by the parties involved. The type of research is the study of normative law because there is a conclict norm between the two regulation, the statute approach, the analytical and conceptual approach and the coparative approach. Sources of primary legal materials of legislation, secondary legal materials used in the studies may be in the form of books and articles in electronic format. The data collection was done through library research covering primary legal materials. Data processing and analysis of legal materials were done through descriptions of situationsor events. This technique did not search for or explain relations, did not test hypothesesor make predictions. The conclusion of the study demonstrates that notaries in running his or her office must pay attention to and must be subject to the Laws No. 30 of 2004 concerning the post of a notary which has been amended by the enactment of Laws No 2 of 2014 concerning the amendment to the Laws No 30 of 2004 concerning the office of a notary and ethical codes for a notary which constitutes applicable regulations for moral guidance for a notary profession. A deed that contains false information which is provided by the parties can be cancelled. Deed cancellation can be done by a notary if demanded by the parties who suffer losses.

scholarly journals Pertanggung Jawaban Hukum oleh Seorang Dokter yang Melakukan Tindak Pidana Pemalsuan Surat Keterangan Dokter

2020 ◽  
Vol 3 (2) ◽  
pp. 434-441
Author(s):  
Juli Shara Pasaribu ◽  
Chistofe Daeli ◽  
Koko Valensio Situmeang ◽  
Sonya Airini Batubara
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Code ◽  
Health Law ◽  
Doctor Who ◽  
False Information ◽  
Library Research ◽  
Legal Accountability ◽  
Materials Used

The research objectives used were to determine the ethical and legal accountability of a doctor who commits a criminal act of doctor's certificate forgery and to find out how to legally handle a criminal act committed by a doctor in the field of health law. The research method uses normative juridical, namely using library research and the source of legal materials used is secondary data. This research uses the theory of responsibility. Letter forgery issues a right which is used as false information about the presence or absence of disease. Criminal acts that often occur are related to Article 263 of the Criminal Code (making forged letters or falsifying letters) Article 266 of the Criminal Code for a doctor who falsifies a letter sentenced to a maximum imprisonment of four (4) years. A doctor is required to provide a statement and opinion that has been examined itself the truth. Overcoming letter forgery is carried out through 2 efforts, namely penal measures and non-penal measures carried out repressively (law enforcement). Prevention can be done by providing additional provisioning both ethically and in discipline to each doctor

scholarly journals Pertimbangan Hakim dalam Putusan Perkara Penadaan Mobil

2021 ◽  
Vol 2 (2) ◽  
pp. 241-245
Author(s):  
Ida Bagus Mayun Andika Putra ◽  
Nyoman Gede Sugiartha ◽  
I Nyoman Subarnia
Keyword(s):  
Research Method ◽  
Motor Vehicle ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Motor Vehicle Theft ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Criminal Sanctions ◽  
Vehicle Production ◽  
Materials Used

Cases in vehicle catching often occur given the increasing number of vehicle production increases. Someone commits the crime of motor vehicle theft because they want to own it, but the economy does not allow it to buy legally. One of the efforts to realize this is through restructuring because the price is much cheaper than the official price. The purpose of this research is to reveal the judges' considerations in the decision of car arresting cases and the criminal sanctions for car arresting offenders. The research method used is a normative research method with a conceptual approach and a case approach. The sources of legal materials used are primary and secondary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature that refers to the judge's consideration in the decision of the car arresting case. After the legal materials are collected, they are analyzed systematically. The results of the study reveal that Article 480 of the Criminal Code is used as a criminal sanction for detention if the defendant is found guilty.

scholarly journals PATENTS AS FIDUCIARY COLLATERAL IN BANK CREDIT

2020 ◽  
Vol 5 (1) ◽  
pp. 33-38
Author(s):  
I Gusti Agung Ayu Patrecia Marthavira
Keyword(s):  
Research Method ◽  
Economic Value ◽  
Field Research ◽  
Bank Credit ◽  
Conceptual Approach ◽  
Cost Approach ◽  
Library Research ◽  
Income Approach ◽  
Market Approach ◽  
The Right

The aims of this study are to determine the regulation of patents as fiduciary guarantees in bank credit and find out how to assess the economic value of patents as fiduciary guarantees. This study used statute approach and conceptual approach. This research method used three sources of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection is done through library research The main legal material obtained from the field was first examined for completeness and clarity to be classified as well as systematic and consistent preparation to facilitate analysis. Secondary legal material was obtained from the literature and was collected systematically, so that it could be used as a reference in conducting analysis. The results of the legal material were carried out with library and field research, as well as descriptive analytical discussions. The results of this study are the regulation of patents as fiduciary guarantees in bank credit contained in Article 108 paragraph (1) of Law Number 13 Year 2016 concerning Patents which determines that the right to a Patent can be used as an object of fiduciary security. Patents include intangible movable property that can be transferred or transferred because of a written agreement. How to assess the economic value of patents as fiduciary guarantees, namely the market approach, income approach and cost approach.

scholarly journals ANALISIS YURIDIS PENYELESAIAN SENGKETA KEPALA DESA YANG MENDAPAT SUARA SAMA DI DESA MASBAGIK SELATAN KABUPATEN LOMBOK TIMUR

2021 ◽  
Vol 2 (2) ◽  
pp. 4-20
Author(s):  
HULAIMI
Keyword(s):  
Dispute Resolution ◽  
Expert Opinion ◽  
Research Method ◽  
Research Library ◽  
Knowing How ◽  
Library Research ◽  
Approach Method ◽  
Election Results ◽  
Materials Used ◽  
Dispute Resolution Mechanism

The purpose of this research is to find out how the dispute resolution mechanism of the election results for the Head of South Masbagik Village, East Lombok Regency is based on the Laws and Regulations. Knowing how the legal considerations in Decision Number: 08 / G / 2018 / PTUN.Mtr and PTUN Surabaya Decision Number: 173 / B / 2018 / PT.TUN.SBY are in accordance with statutory regulations in resolving the same vote dispute. This study the authors use the Normative research method, with an approach method using library legal materials in other words, library research (Library Reaserch). This study the authors used a normative research method, with an approach method using library law materials, in other words, library research (Library Reaserch). The method of collecting legal materials used is documentation study, namely by recording information from legal materials related to dispute resolution mechanisms based on statutory regulations, as well as those obtained from other sources, either expert opinion, research results or journals.

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Daya Paksa dan Pembelaan Terpaksa

2021 ◽  
Vol 2 (3) ◽  
pp. 483-488
Author(s):  
Gowinda Prasad ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Physical Property ◽  
Legal Research ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Social Rehabilitation ◽  
Library Research ◽  
Materials Used ◽  
Security Guarantees

Forced power and forced defense are criminal acts committed against the law, which are actually coercion from outsiders and against their will and want to defend themselves or there are threats from outsiders which of course need to be reviewed also regarding the reasons to the doctrine of coercion and defense. force it. The purpose of this research is to reveal the regulation of criminal acts of coercion and forced defense as well as legal protection against acts of coercion and forced defense. This research is a normative legal research with a statutory and conceptual approach. Data collection techniques are carried out through library research. Sources of legal materials used are primary and secondary sources of law. After the data is collected, then the data is analyzed using informal methods. The results of the research reveal that the legal protection provided is of course the protection of physical, property and life security guarantees and the provision of psychological and social rehabilitation because there is a pressure.

scholarly journals THE JURIDICAL REVIEW OF LEGAL POWER OF GROSSE DEED AS THE BASIS FOR EXECUTING MORTGAGE EXECUTION AUCTIONS

2021 ◽  
Vol 8 (3) ◽  
pp. 324
Author(s):  
D Djunaedi ◽  
Dwi Wahyono ◽  
Setyawati Setyawati
Keyword(s):  
Scientific Paper ◽  
Third Party ◽  
District Court ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Relevant Evidence ◽  
Library Research ◽  
Scientific Papers ◽  
Materials Used ◽  
The Right

One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required by the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example, a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the Grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper came from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public.

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 Penerapan Hukum Terhadap Tindak Pidana Pembunuhan Dengan Sengaja Merampas Nyawa Orang Lain (Studi Kasus Nomor Putusan 616/Pid.B/2015/PN. Lbp)

2020 ◽  
Vol 2 (1) ◽  
pp. 9-15
Author(s):  
Martinus Halawa ◽  
Zaini Munawir ◽  
Sri Hidayani
Keyword(s):  
Research Method ◽  
Human Life ◽  
Field Research ◽  
Deterrent Effect ◽  
Criminal Offense ◽  
Legal Norms ◽  
Library Research ◽  
Ratio Decidendi ◽  
The Law ◽  
Human Association

A fact that in the association of human life, individuals and groups, there are often deviations from the norms of his life, especially known legal norms. Where in mutual human association, this deviation of legal norms is referred to as a criminal offense. In recent years there has been more and more crime against human souls in society. The research method used in this study is the Library Research and Field Research. Judge's consideration or Ratio Decidendi is an argument or reason used by the judge as a legal consideration that becomes the basis before deciding a case. In practice before this juridical consideration is proven, the judge will first withdraw the facts in the trial that arises and constitute the cumulative conclusions of the witnesses' statements, the defendant's statements, and the evidence. The application of the law in this case to the murder case is legitimate while in reasonable terms because the application of the law must be in accordance with what was done by the perpetrators because the deterrent effect that is expected in the application of this law is very important.

scholarly journals INTERNATIONAL LAW ON THE IMPLEMENTATION OF THE SEA SHIP EXECUTION RELATED TO BAD CREDIT

2019 ◽  
Vol 7 (5) ◽  
pp. 76-82
Author(s):  
Fera Indriyati, S. H., M. Kn. ◽  
An An Chandrawulan S. H., LL. M.
Keyword(s):  
International Law ◽  
Civil Law ◽  
Secondary Data ◽  
Complex Problem ◽  
International Convention ◽  
Legal Norms ◽  
Library Research ◽  
Analysis Technique ◽  
Specific Regulation ◽  
Materials Used

Purpose: As ocean transportation instrument, the ocean vessel has an important role in improving the growth of economic rate, particularly naval economic business. The high cost of ocean vessel make businessmen difficult to acquire business capital, so they propose the application of credit and ocean vessel is made into mortgage. Although Indonesia is party in International Convention on Maritime Liens and Mortgages 1993, there is not any specific regulation arranging the execution of ocean vessel registered in Indonesia up to now. International Civil Law considers efforts to settle the issues must be started up by contract and agreement in advance. Based on the description, it is necessary to analyse to which extent International Civil Law might settle issues on the execution of ocean vessel and to which extent a court must pay attention and recognize foreign legal verdicts or rights emerged based on Foreign Court Verdicts or laws. Methodology: This study uses a normative juridical approach, the study of which refers to legal norms contained in the legislation, court decisions and legal norms that exist in society. The research specifications used are descriptive analytics. The sources of legal materials used are primary and secondary data and data collection techniques carried out by means of library research, interviews and observations. Meanwhile, the data analysis technique in this paper uses qualitative analysis. Main Findings:  An international agreement or agreement must contain a legal choice that will be used later because it will be a very complex problem if it is not determined from the beginning of the law which will be used if a dispute occurs. Ships that can be secured by mortgages are registered ships and ships weighing more than 20m3. In carrying out ship executions even though Indonesia has ratified the 1993 International Convention on Liens and Mortgage, the provisions for the execution of ships in Indonesia still refer to the provisions contained in Article 224 HIR or RIB and Article 258 Rbg. Implications/Applications: This study will be helpful for practitioners and law-making authorities in formulating different policies and amendments in existing international law on the implementation of the sea ship execution related to bad credit.

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