scholarly journals Kewajiban Dan Tanggung Jawab Notaris Sebagai Pejabat Umum

Acta Comitas ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Abdullah Dian Triwahyuni
Keyword(s):  
Social Services ◽  
Ethical Behavior ◽  
Public Official ◽  
Conceptual Approach ◽  
Administration System ◽  
Administrative Systems ◽  
Notary Public ◽  
Materials Used ◽  
The Aesthetic ◽  
Laws And Regulations

The position of notary has been regulated in Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN-P). Even so, philosophical and technical notary obligations and responsibilities are not regulated in detail in these laws and regulations, leading to the absence of a barometer that becomes a standard for notary behavior, notary office administration system, and notary office governance that applies universally. This has caused in some instances negative views on the notary profession in the community. One of the negative views is because the morality of the notary is not in tune with ethical behavior in society. Negative views also arise due to the administration of notary office administration and the layout of the notary office that does not meet the aesthetic element. The situation made the notary public seem unprofessional in providing social services in his function as a public official. Then what should be the notary morality? How about a good notary office administration? How should the notary manage his office? The writing of this article uses normative research using a positive legal approach and a conceptual approach. Sources of legal materials used are primary legal materials and secondary legal materials. Legal materials were analyzed using descriptive techniques. The results of this study indicate that there are not yet detailed and universal rules regarding the obligations and responsibilities of notaries sociologically and technically in providing social services, but the values ??that live and develop in society can be used as benchmarks for notary behavior and administrative systems notary office and notary office governance.

scholarly journals Pengaturan Rangkap Jabatan Notaris dengan Anggota Dewan Perwakilan Rakyat

2020 ◽  
Vol 4 (2) ◽  
pp. 250
Author(s):  
Bima Ridho Halim ◽  
Rachmi Sulistyarini
Keyword(s):  
House Of Representatives ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Notary Public ◽  
Materials Used ◽  
Evaluation Techniques ◽  
The Ideal ◽  
Laws And Regulations

The purpose of writing this article is to discuss the harmonization of regulation towards a double position of notary and members of the House of Representatives and the ideal formulation of regulations regarding dual notary positions. The method used is normative legal research with a statutory approach, a comparative approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed using grammatical, systematic, interpretation, explanatory, and evaluation techniques. Harmonization of laws and regulations relating to someone who holds a concurrent position as a notary and a member of the House of Representatives is very important to meet legal certainty. The notary who is elected as a member of the House of Representatives must release his position as a notary public. Notaries can be re-becoming a notary public if they are no longer members of the House of Representatives.

scholarly journals Notary Legal Remedies as Inside Authorities Registration and Registration of Commanditaire Vennootschap through the Administration System of Business Agencies

2021 ◽  
Vol 4 (1) ◽  
pp. 682-689
Author(s):  
Masykur Masykur ◽  
Azhari Yahya ◽  
Dahlan Dahlan
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
District Court ◽  
Public Official ◽  
Power Of Attorney ◽  
Conceptual Approach ◽  
Administration System ◽  
Legal Remedies ◽  
Notary Public ◽  
The Republic

This study aims to explain the limits and responsibilities of the position carried out by the notary in registration of Commanditaire Vennootschap (CV) online through the business entity administration system. The research method used in this research is normative juridical using a statutory and conceptual approach. The collection of research materials is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the notary was only authorized and responsible for the creation of the deed of CV. Notary cannot receive power of attorney because it contradicts the UUJN which has been stipulated authority and responsibility attached to the position of a Notary. With the enactment of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2018. Registration of CV which was previously in the District Court is delegated to the Ministry of Law and Human Rights through the online system. The entire Notary is acting as an Authorized Officer not as an authorized official, there is a prosecution of an error in the registration process, then the Notary can indirectly be presented in the trial at the Court but it must be with the permission of the Notary Honorary Council. Thus the Notary can refuse to accept power over online CV registration via SABU, because in carrying out such registration a Notary must position himself as a person not as a public official. This is because it is not regulated in Law Number 30 of 2004 concerning the Position of Notary Public. 

scholarly journals NOTARIS DALAM STATUS TERPIDANA YANG MASIH MENJALANKAN JABATANNYA

2020 ◽  
Vol 7 (1) ◽  
pp. 16
Author(s):  
Franky Roberto Gomies
Keyword(s):  
Drug Abuse ◽  
Public Official ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
The Public ◽  
Legal Position ◽  
Notary Public ◽  
Administrative Sanctions

The purpose of this study is to determine the authority of a Notary Public in the period of parole in carrying out his position as a public official making an authentic deed and knowing the legal position of an authentic deed made by a Notary during the parole who performs the duties of a Notary Public. This type of research is normative juridical by using the statutory approach, conceptual approach and case approach. From the results of the study note: First, the position of notary public, besides being a public official as well as a public official, so a notary must always maintain his honor and dignity and have a good personality. When a notary public commits a criminal offense, the Notary Position Act will also impose administrative sanctions. Of the cases examined in this study, a notary was sentenced to a criminal sentence for drug abuse, returning to his position as a notary public to serve the public while undergoing a period of parole. This is due to the negligence of the notary Supervisory Council that has been formed in stages starting from the Regional Supervisory Council, Regional Supervisory Council and Central Supervisory Council, which does not carry out its duties, functions and obligations properly. The two acts of notary that have legally lost their authority but re-practiced and served the community are acts that are carried out without authority so that the deed they make does not have power as an authentic deed.

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 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 NOTARY RESPONSIBILITY FOR ELECTRONIC STORAGE OF NOTARY PROTOCOLS

2021 ◽  
Vol 8 (1) ◽  
pp. 60
Author(s):  
Ngadino Ngadino
Keyword(s):  
Public Official ◽  
The Public ◽  
Procedural Law ◽  
System Technique ◽  
Show Evidence ◽  
Electronic Storage ◽  
Card System ◽  
Notary Public ◽  
Materials Used ◽  
Binding Power

The notary protocol is a state archive that must be kept and guarded by a notary public. Due to security concerns, maintenance costs and the size of space required further electronic storage of notary protocols can be carried out. This legal research uses a normative juridical approach as a result of the absence of norms. The technique of using legal materials used is the card system technique. The results show that the notary protocol that is stored electronically is important to do considering the duties of a notary as a public official who has the task of searching for the public in the field of civil cases so that the state must make rules regarding the storage of notary electronic protocols in its arrangement with Cyber Notary. The mechanism is to use the transfer media in digital form or scanning. The strength of notary protocol evidence stored in the field of civil law only functions as a backup, not as an electronic one which has binding power because it does not meet the requirements for document authenticity as regulated in Article 1 paragraph. 7 of the Amendments to the Law on Notaries and Article 1868 of the Civil Code and in the field of criminal procedural law, namely that it can be evidence to show evidence that shows other evidence.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals KEABSAHAN PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 17 TAHUN 2018 TENTANG PENDAFTARAN PERSEKUTUAN KOMANDITER, PERSEKUTUAN FIRMA, DAN PERSEKUTUAN PERDATA

2019 ◽  
Vol 5 (2) ◽  
pp. 193-213 ◽  
Author(s):  
Musa Lasakar
Keyword(s):  
District Court ◽  
Conceptual Approach ◽  
Administration System ◽  
Laws And Regulations

Article 23 of the KUHDagang states that registration is submitted through the registration of a district court at the location of the company. In Permenkumham No. 17 of 2018 in Article 3 Paragraph (2) states that registration is submitted through the Business Entity Administration System (SABU). The problem of existence and strength binding legislation is regulated in Article 8 paragraph (1) of Law No. 12/2011, including Ministerial Regulation, does not only regulate the existence of laws and regulations based on delegation. This research using juridical method, and problem approach is Statute Approach and Conceptual Approach. The first conclusion was drawn, with the enactment of Permenkumham No. 17 of 2018 this makes CV registration easier and more regular and also this makes it easier for investors to get information about CVs that have been registered in the SABU and secondly, Problems of establishing a CV from Permenkumham No. 17 of 2018 this is the first, the establishment of a CV must order the name first before finally registering the CV in SABU. Secondly, the CV registration place is changed to the SABU. Third, the establishment of CV is required to use authentic deeds

scholarly journals Kewenangan Notaris dalam Pembuatan/ Pencabutan Surat Wasiat (Testament)

2020 ◽  
Vol 1 (2) ◽  
pp. 6-10
Author(s):  
Agus Wahyu Suniayasa ◽  
I Nyoman Sumardika ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Conceptual Approach ◽  
Central Register ◽  
The Family ◽  
The Will ◽  
Notary Public ◽  
Materials Used

Humans are social creatures which in their lives always need help from those around them even though that person is about to die. Therefore, a person while away from death has the desire to arrange an inheritance which may be passed on to his offspring. After a person passed away, this wealth can cause problems in the family and society. So rules and solutions are needed according to applicable and permanent laws which refer to the appropriate Law. For example, if someone's message is to be revealed, it can be written into an authentic will deed made by a notary public which is commonly called a will or testament. This study aimed to reveal how the authority of the notary in making a will or testament and how the duties and authority of the notary in the event of execution of wills or if there is revocation of wills. This research employed a normative method and is studied with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials, which are processed and analyzed descriptively. The results of this study indicated that the notary has the authority to keep a will as a written or closed will and is entitled and obliged to report the will to Balai Harta Peninggalan in the area where the notary serves. In addition, if the testator changes the contents of his will, the notary must report the matter to the Central Register of Wills.

scholarly journals Peran Pejabat Pembuat Akta Tanah dalam Proses Peralihan Jual Beli Hak atas Tanah

2021 ◽  
Vol 1 (1) ◽  
pp. 25
Author(s):  
Christiana Sri Murni
Keyword(s):  
Essential Role ◽  
Land Rights ◽  
Current Situation ◽  
Customary Law ◽  
Public Official ◽  
Conceptual Approach ◽  
Strategic Role ◽  
Formal Requirements ◽  
Laws And Regulations

The Land Deed Official (PPAT) is a public official granted the authority to make deeds of transfer of land rights, assignment of land rights, and authorization to impose mortgage rights according to the prevailing laws and regulations. However, the question arises about how significant the role of PPAT is in transferring the sale and purchase of land rights, considering the laws and regulations governing land sale and purchase are potentially irrelevant to the current situation. This study aims to analyze the role of PPAT in transferring the sale and purchase of land rights. This type of research is normative juridical research; by using a statutory approach and a conceptual approach. This study uses primary and secondary legal materials. Then, it is described and analyzed to answer the problem to clarify the role of PPAT. The study's results reveal that the process of transferring land rights can be carried out using customary law with three options, namely adol plas, adol gadai, and adol tahunan. Then, from the national law's perspective, land rights commerce must meet the material requirements and formal requirements. PPAT has an essential role in registering land data, namely by making evidence of legal actions regarding land plots. The PPAT position has a strategic role in making authentic deeds a requirement in transferring land rights due to sale and purchase. KEYWORDS: PPAT, Deed of Sale and Purchase, Transfer of Rights.

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