scholarly journals Akibat Hukum Terhadap Kesalahan Ketik pada Akta yang Dibuat Notaris

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 227
Author(s):  
Made Ciria Angga Mahendra

Notary is an authorized officer to make an authentication acta and to have another authority as referred to in this law or under other laws as provided for in article 1 Figure 1 UUJNP. As a notary professional, he must perform his position by guiding the law, the Code of Ethics, the Articles of association, and the budget of the household. But the notary is also a man who does not escape the mistakes that he sometimes made that is done not because of the notary deliberate. Departing from the background of the problem above the author interested in conducting research in the form of a journal by lifting the title "The Law of typographical error in Minuta notarial deed based on this, provides a background picture of This study discussed about 1). How is the notary's responsibility for typographical error on Notara deed that is made notary? 2). What is the legal consequences of typographical errors in notarized deed? Research indicates that it can draw conclusions from the problems that can be seen in the presence of carelessness when forming the deed which is known only for a long time from typographical errors in the prefix of the deed on the identity of the Parties, and at the crucial point of a deed that is not appropriate to the will of the related party which is caused by a notary: A. The Aktanya can be cancelled if the acting is proven to have absolutely no subjective element, B. The act can be said to be void in order to The law when it proved to contain no objective requirement, C. The notary deed is degraded so that the deed under the hands of which absolutely does not have a force in terms of perfect proof. Notaris merupakan pejabat yang berwenang untuk membuat suatu akta otentik dan memiliki suatu kewenangan lainnya sebagaimana yang dimaksud pada undang-undang ini atau berdasarkan undang-undang lainnya sesuai yang telah disebutan di dalam pasal 1 angka 1 UUJNP. Sebagai seorang professional seorang notaris harus melaksanakan jabatannya dengan berpedoman pada undang-undang, kode etik, anggaran dasar, dan anggaran rumah tangga. tetapi notaris juga seorang manusia yang tidak luput dari kesalahan yang terkadang diperbuatnya yang dimana dilakukan bukan karena kesengajaan notaris itu. Berangkat dari latar belakang masalah diatas penulis tertarik melakukan penelitian dalam bentuk jurnal dengan mengangkat judul “Akibat Hukum Kesalahan Ketik Dalam Minuta Akta Notaris Berdasarkan hal tersebut, memberikan gambaran latar belakang dari penelitian ini yang membahas mengenai 1). Bagaimana tanggung jawab notaris atas kesalahan ketik pada minuta akta yang dibuat notaris? 2). Bagaimana akibat hukum terhadap kesalahan ketik pada  akta yang dibuat notaris? penelitian  menunjukan dapat menarik kesimpulan dari permasalahan yang di dapat adalah melihat dari adanya kecerobohan saat pembentukan  akta itu yang baru diketahui  setelah sekian lama dari adanya kesalahan ketik pada awalan akta tentang identitas dari para pihak, dan pada poin penting suatu akta yang tidak sesuai kehendak pihak terkait yang disebabkan karena  notaris yaitu: a. aktanya tersebut bisa dibatalkan jika aktanya itu terbukti sama sekali tidak terdapat unsur subjektif, b. aktanya dapat dikatakan batal demi hukum bilamana aktanya itu terbukti tidak mengandung syarat objektif, c. akta notaris tersebut terdegradasi jadi akta yang bersifat di bawah tangan yang sama sekali tidak mempunyai suatu kekuatan dalam hal pembuktian yang sempurna.

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.


2019 ◽  
Vol 19 (2) ◽  
pp. 263
Author(s):  
Dian Dharmayanti ◽  
Rr Asfarina Izazi Razan ◽  
Nahdlotul Fadilah

<em>Notary is a general officer authorized to create an authentic deed of all actions, agreements, and statutes required by the laws and/or regulations required by the interested to be expressed in the deed Authentically, guaranteeing the certainty of the date of the deed, storing the deed, giving Grosee, copies and quotations of the deed, all of them throughout the making of the deed were not also assigned or excluded to the other officers stipulated by the law. Thus, it is described in article 1 number 1 of Law No. 2 of 2014 concerning the amendment to law Number 30 year 2004 concerning the Notary Regulation (Hereinafter called UUJN). A notary public is a noble, independent and high integrity position, so it is only natural to take all actions in their position seriously referring to the laws and regulations and the code of ethics. The law actions of the parties as described in the notarial deed is purely wishes of the parties and the notary is limited to providing law counseling related to the contents of the deed and the law actions of the parties, without imposing the will of the parties. party or in favor of one party. After the deed is made and then read out in front of the parties and witnesses, it must be signed when it is signed by all parties present and witnesses as well, it becomes one of the notary obligations stipulated in UUJN.</em>


2006 ◽  
Vol 34 (3) ◽  
pp. 624-628
Author(s):  
Robert Schwartz

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who advises a health care provider facing such a dilemma?As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these?


Author(s):  
Nidya Kartika Sari ◽  
Rembrandt Rembrandt ◽  
Yasniwati Yasniwati

The transfer of rights to land and buildings is legally made in the Sale and Purchase Deed (AJB), in the Sale and Purchase Deed (AJB) must also contain the actual price of the sale and purchase transaction, but the fact there are many people influence the PPAT to be able to help make prices / the value of buying and selling transactions in the Sale and Purchase Deed (AJB) is lower and non actual price, this is to avoid the high price of buying and selling tax, this is of course very contrary to the Perka BPN 1/2006, with the existence of such fraud will certainly be a problem for the parties and also for PPAT who makes the Deed of Sale and Purchase (AJB) at a later date. The focus of the problem in this study is how the legal consequences of the act of Land Purchase Deed (AJB) Land by the Land Deed Making Official (PPAT) which contains the value of the transaction that is not actually. The research method used in this paper is sociological juridical and this research is analytical descriptive. From the results of the research, it can be concluded that the PPAT that made AJB with containing the transaction value that was not actually violated the rules of the law, especially violated PPAT profession code of ethics and will be penalized.


The purpose of this article is to identify loopholes in the mortgage law of Ukraine, in particular if the creditor has not properly exercised his or her right to a final court decision to satisfy his / her claims at the expense of the mortgage subject, resulting in violations of subjective rights of the mortgagee. It is noted that in practice, when applying the Law of Ukraine "On Mortgage" of 05.06.2003 № 898-IV outside the sphere of legal regulation of this law there is a question of legal consequences in case the creditor did not use within a certain time his right on the basis of a court decision on satisfaction his claims on the subject of the mortgage, including termination of the mortgage on these grounds. It is noted that the issue is unsettled: whether the debtor has the right to demand termination of the mortgage agreement, if the lender has chosen a way to satisfy his claims precisely by applying the foreclosure for the mortgage through his public auction, which was decided by the court, does not take any action on enforcement of this judgment. It is emphasized that the issue of the possibility of termination of a mortgage obligation as a result of abuse by the creditor of the right to enforce the obligation is important, in particular when the value of the property transferred to the mortgage exceeds considerably the amount of credit debt of the debtor and the mortgagee (the owner of the property) with encumbered property, unable to dispose of it, waiting for a long time to properly execute the court decision. The authors believe that, because of the improper execution of the court decision and the terms of the mortgage agreement, the mortgagee should also bear the burden of liability and certain losses in this case as well. Therefore, to protect the subjective rights of both the mortgagee and the mortgagee, the authors propose to overcome the gap in the Law of Ukraine "On Mortgage" by amending Art. 17. after the second part of the new part reads as follows: "if the mortgagee has not taken any measures to realize the subject of the mortgage for the execution of the judgment". That is, through the introduction of appropriate amendments to the legislation provides legal certainty in the mortgage relationship.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 629
Author(s):  
Argo Suseno ◽  
Amin Purnawan

Notaries in making written evidence in the form of an authentic act, done according to the will of the parties / party attended for otherwise in agreement and in front, so as not to violate the law, and that the will of the parties is done properly and correctly. The aim of this study was to  know implementation notary authority in the said agreement to land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law, as well as to find out the barriers and solutions in the implementation of the authority. The method is carried out normative, descriptive specification using secondary data, through literature, then analyzed qualitatively. The results show that (1) the exercise of authority notarized in agreement a blessing to the land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law is done according to the code of ethics of notaries authorized to make the Agreement of Waiver or agreement of transfer of right, obstacles encountered is community refusal to act because of the cost factor and solutions in the implementation of the authority having socialization law on public notary's role in making the act in the context of land registration.Keywords: Notary, Authentic Documents, The Land Registry.


Author(s):  
Adhitia Rully Saputra ◽  
Elwi Danil ◽  
Beatrix Benni

Notaries as one of the legal professions are not immune from mistakes that will eventually lead to a notary profession in violating the UUJN-P and the Code of Ethics and some even have the potential for punishment. Given that the role and authority of a Notary is very important in social life, the behavior and actions of a Notary in carrying out the function of authority are vulnerable to abuse that can cause harm to the community. Notaries who act outside the authority that has been determined by law can be categorized as unlawful acts. As has been tried in the Class IA Padang District Court with Decision Number 27/Pid.Sus/TPK/2016/PN-Pdg. In this case, the Notary was accused of corruption in land acquisition for Campus III of the State Islamic Institute (IAIN) Imam Bonjol Padang (now UIN Imam Bonjol). The formulation of the problem in this study are: a). What are the legal consequences for a Notary who commits a criminal act that has permanent legal force? b). What are the implications of the Notary's dismissal on the Notary Protocol? The approach used in this research is empirical juridical. This study uses primary and secondary data. Data were analyzed qualitatively. The results of the study show that: 1) The Notary was dishonorably dismissed by the Minister because it was proven legally that he had committed a criminal act of corruption which had permanent legal force, but the implementation process took a long time because it was waiting for the Minister's decision on the dismissal of the Notary. 2). With the dismissal of a Notary who commits a criminal act that has permanent legal force, the Notary Protocol must be handed over to the Notary receiving the Protocol appointed by the Minister.


2016 ◽  
Vol 3 (2) ◽  
pp. 200
Author(s):  
Oting Supartini ◽  
Anis Mashdurohatun

The purpose of this study is the legal consequences arising out of the Credit Agreement with the guarantee of mortgage studies in case number 127 / Pdt.G / 2014 / PN.SMG, in the District Court of New York, How should a notary to make loan agreement with the Mortgage Guarantee ensure legal certainty.In this study, using juridical empirical method. Type and source of the data used in the primary and secondary data. Collecting data with the study of literature and the (observation, interviews and questionnaires). Analysis of data for qualitative descriptive. As a result of the law on the ratification of the creditors of the credit agreement by notary, with a guarantee of mortgage, based on the wording of Article 6 of Law No. I R 4 Year 1996 on Land  and Other Bodies related to the land, the right to sell the object of mortgage on its own power is one embodiment of the priority positions (referent). And as a result of the law of the debtor apply Article 1338 of the Civil Code, Article 1243 applies, Article 1244KUHPerdata, and Article 1237, paragraph (2) of the Civil Code. The legal consequences of Notaries that have fulfilled the provisions of Article 1320 of the Civil Code in accordance with the obligations of and is not in violation of Article 16 on the obligation of, and in compliance with the Article 38, 39, 40 andArticle 44 paragraph (1), (2), (3) and paragraph (4), Law of Republic of Indonesia No. 30 2004 Jo No. 2 Year 2014 concerning Notary and do not violate the code of ethics of the notary, so that the act is still not degraded to act under the hand. Of a credit agreement with a guarantee of mortgage that guarantees the rule of law and justice of the parties, the fulfillment of Article 1320, Article 1321 of the Civil Code, and Notary must comply with Article 15 and Article 16 ofthe Law Notary, implement the Code of conduct and other Law.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
The Will ◽  

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.


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