scholarly journals Kewajiban Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Pada Orang Tidak Mampu

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 446
Author(s):  
Claudia Verena Maudy Sridana ◽  
I Ketut Westra

As a public official who works as a notary public has the authority to be able to make an authentic deed. As a notary in carrying out his commitment to make an authentic deed, the Notary gets approval to provide his services for free or voluntarily to people who are not capable in the financial field. How can you ask for legal assistance by a notary in the free notary area for people who can't afford it? Problems related to legal notifications to notaries who refuse to provide legal assistance in the field of notary to those who are unable? The purpose of the discussion is to analyze and discuss the request for legal assistance by a notary in the notary sector not providing legal assistance in the notary sector for people who cannot afford. This research uses empirical legal research methods, primary data and secondary data obtained were analyzed qualitatively and arranged systematically, which was collected by literature study and interview techniques. The conclusion of this research is the notary in providing his services without collecting honorariums is not only given to people who can not afford it, but notaries can provide free services to those who want to make a foundation or activities in the social, social and dialogue. The legal consequences of notaries who are reluctant to provide legal assistance to people who are not in accordance with the provisions of the sanctions provided for in Article 37 paragraph (2) of the UUJN are also in accordance with the provisions in the Code of Ethics I.N.I.

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability


Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Tresya Tresya

This research is raining to know and recognize: (1) Any actions that have potential as corruption in the execution of duties and positions of Notary and PPAT (2) the efforts made by Notary and PPAT in preventing their actions to not have the potential to be criminal act of corruption This research is an empirical normative research because in this study the authors combine normative legal research (secondary data) with empirical legal research (primary data obtained from research results in the field). The source of this research is Notary in the working area of Jambi city and academician. The sampling technique used is purposive sampling. The method of analysis used in this study is the method of thinking qualitative analysis and drawing conclusions using inductive thinking methods. The results of this study indicate that potential acts as corrupt offenses in the performance of duties and positions of Notary and Officials of the Deed of Land are contained in Article 2, 3, 5, 10 and Article 12 Sub-Article H of Law Number 20 Year 2001 concerning the amendment of Law Number 31 Year 1999 concerning the Eradication of Corruption. Several articles indicate the potential of Notary and PPAT may be subject to those articles if they commit a criminal act of corruption. In the case of the prevention of his actions so as not to have the potential to act Corruption is to work professionally in accordance with the applicable Law, and Notary Code of Ethics and PPAT.Keywords: Notary Public, PPAT, Corruption


2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
Meishell Njoto

Notary plays an important role in making authentic deed in Indonesia. Notaries are often referred to occupying honorary positions as general or state officials. As the holder of an honorary position trusted by the public to make an authentic deed, the Notary must comply with the applicable laws and the Code of Ethics. Obligations and prohibitions of Notaries have clearly been regulated in UUJN and Notary Ethics Code, but that does not mean there are no Notaries who violate these rules. In order to find out what the legal consequences of a notary who violated social media promotion, the authors conducted this research. The research method used in this study is normative legal research. Normative legal research is legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures. Which means this research examines secondary data material or does a literature review. The approach used in this study is the statutory approach and the conceptual approach. The result of this research is the prohibition on promotion through social media which actually has been regulated in various rules regarding notaries along with the legal consequences if the Notary Public violates these rules.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 259
Author(s):  
Faizal Indra Nor Cahyo ◽  
Gunarto Gunarto

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.


2020 ◽  
Vol 1 (1) ◽  
pp. 143-147
Author(s):  
Ni Kadek Sofia Septiarianti ◽  
I Nyoman Sumardika ◽  
Ni Gusti Ketut Sri Astiti

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.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 234
Author(s):  
Mochamad Elmo Sidiq ◽  
Amin Purnawan

ABSTRAKProblematik penelitian ini adalah : Apa dasar hukum  Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? apa peran Notaris  Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? dan apa akibat hambatan hukum atas Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau?Penelitian ini adalah dengan pendekatan yuridis-empiris yang bersumber dari pengumpulan data yang diperoleh dari data primer dan data sekunder, kemudian dianalisis dengan metode analisis kualitatif. Teknik pengumpulan data yang digunakan adalah teknik wawancara. Teknik analisis data menggunakan analisis data kualitatif.Hasil temuan peneliti menunjukkan bahwa Dasar hukum Notaris dan/atau PPAT dalam pertanahan, didasarkan pada Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor : 1 Tahun 2006 tentang Ketentuan Pelaksanaan Peraturan Pemerintah Nomor : 37 Tahun 1998 tentang Peraturan Jabatan Pejabat Pembuatan Akta Tanah. Keputusan Presiden Nomor 55 Tahun 1993 maupun Peraturan Presiden Nomor 65 Tahun 2006, peralihan hak atas tanah tersebut dapat dilakukan melalui/dihadapan Notaris dan/atau PPAT. Peran nyata keterlibatan notaris dalam pembangunan komplek kantor Pemerintah Kabupaten Sekadau adalah pembuatan Akta Notaris Nomor 9 tanggal 06 Juli 2005 tentang Surat Perjanjian Pelepasan Hak atas Tanah di antara PT Sinar Bintang Sakti dan Pemda Kabupaten Sekadau dan Pembuatan Akta Notaris No. 10 tanggal 06 Juli 2005 tentang surat Pengakuan hutang yang pada pokoknya Pemkab Sekadau mengakui mempunyai hutang kepada CHAN INDRA, dengan jaminan tanah yang telah diterima pelepasan hak atas tanah dari CHAN INDRA selaku Direktur PT. Sinar Bintang Sakti. Perdebatan Notaris berwenang untuk membuat akta yang berkaitan dengan akta-akta pertanahan mengakibatkan keraguan mengenai keabsahan terhadap akta notaris yang terdapat dalam proyek pembangunan perkantoran di Pemerintah Kabupaten Sekadau.Kata Kunci : Notaris, Pengadaan Tanah, Kabupaten Sekadau. ABSTRACTIn relation to the authority of Notary, as mentioned in UUJN Number 30 Year2004 jo Law Number 2 Year 2014, Article 15 paragraph (2) letter (f), that Notary has authority to make deed related to land.The problematic of this research is: What is the legal basis of Notary's Role in Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex  what is the role of Notary In Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex ?; and what are the consequences of the legal barrier to the Notary's Role in the Land Acquisition Transaction for the Location of the Sekadau Regency Government Complex ?This research is with juridical-empirical approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. Data collection techniques used are interview techniques. Data analysis techniques used qualitative data analysis.The findings of the researcher indicate that the legal basis of Notary and / or PPAT in the land is based on Law Number 30 Year 2004 regarding Notary Position and Regulation of the Head of National Land Agency Number 1 Year 2006 regarding Provisions on Implementation of Government Regulation Number 37 Year 1998 on the Regulation of Officials of the Establishment of Deed of Land. Presidential Decree No. 55/1993 and Presidential Regulation No. 65/2006, the transfer of land rights can be done through / in the presence of a Notary and / or PPAT. The real role of notary involvement in the construction of the Sekadau District Government office complex is the making of Notarial Deed No. 9 dated July 6, 2005 concerning Letter of Agreement on the Release of Land Rights between PT Sinar Bintang Sakti and the Regional Government of Sekadau Regency and the Notarial Deed. 10 dated July 6, 2005, concerning letters of recognition of debt principally Pemkab Sekadau acknowledged to have a debt to CHAN INDRA, with guaranteed land that has been received the release of land rights from CHAN INDRA as Director of PT. Sinar Bintang Sakti. The debate of a Notary is authorized to make deeds relating to land deeds lead to doubts about the validity of the notarial deed contained in office building projects in the Sekadau District Government.Suggestions to lawmakers to anticipate differences in legal interpretation in the future, it is recommended that both Law No. 30 of 2004 in conjunction with Law Number 2 Year 2014 on UUJN and the Notary Profession Code of Ethics, to strengthen the explanation of legislation has been compiled.Keywords : Notary Public, Land Procurement, Sekadau District.


2020 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Ahmad Yani Kosali

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.


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.


2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Muhammad Rafiq Abdillah Duyo

This research is aimed to analyse legal consequences of port enterprise regarding claim over negligence in loading and uploading services to expeditor to investigate how the responsibility is performed by PT. Pelabuhan Indonesia IV regarding the claim over negligence in loading and uploading services to the expeditor and what measures are taken by the port enterprise to settle the dispute. This is an empirical legal research that employed socio-juridical approach. Primary data was obtained by conducting interviews and observation, while the secondary data from library research that relevantly supports the issue observed. All those types of data will be analysed with descriptive and qualitative methods. The research result reveals that the implementation of the responsibility of PT. Pelabuhan Indonesia IV is restricted by law. As implied in Article 468 Paragraph (2), if the port enterprise could provide proof of being not guilty, in which the goods are damaged when shipped or forwarding, this damage is not the responsibility of PT. Pelabuhan Indonesia IV. The claim can be responded through non-litigation process in which negotiation may take place between two involved parties.


2019 ◽  
Vol 7 (2) ◽  
pp. 205
Author(s):  
Gusti Muhammad Faruq Abdul Hakim Sutikno ◽  
Hudi Asrori

<p>Abstract<br />This article aims to find out why a marriage agreement should be registered to the Department of Population and Civil Registration, and find out what if the marriage agreement is not registered. This research is a descriptive empirical legal research. The types of data used consist of primary data, secondary data including primary legal materials, secondary legal materials, tertiary legal materials. The location of this research is in the Department of Population and Civil Registration of Surakarta. Data collection techniques used are interviews and literature study. Analysis of data used is with the data collection stage in the study sites and analyzed more thoroughly, then after presented the verification and drawn a conclusion. Based on the results of the study the conclusions are derived, First, the marriage agreement needs to be registered because the marriage agreement is an orderly administration of population, to fulfill the principle of publicity and binding on third parties, as a means of verification and judge consideration in court, as a measure of public legal awareness. Second, a marriage agreements which is not registered to the Department of Population and Civil Registration will apply only to the party that created it, and will not bind on any third party.</p><p>Keywords: Legal Power; Marriage Agreement; Registration of Marriage Agreement.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui  perjanjian perkawinan harus dicatatkan ke Dinas Kependudukan dan Pencatatan Sipil, dan mengetahui apabila perjanjian perkawinan tersebut tidak didaftarkan. Penelitian ini adalah penelitian hukum empiris yang bersifat deskriptif. Jenis data yang digunakan terdiri dari data primer, data sekunder yang mencakup bahan hukum primer, bahan hukum sekunder, bahan hukum tersier. Lokasi penelitian ini berada di Dinas Kependudukan dan Pencatatan Sipil Kota Surakarta. Teknik pengumpulan data yang digunakan yaitu wawancara dan studi kepustakaan. Analisis data yang digunakan adalah dengan tahap pengumpulan data di lokasi penelitian dan dianalisis secara lebih teliti, kemudian setelah tersaji dilakukan verifikasi dan ditarik sebuah kesimpulan. Berdasarkan hasil penelitian dan pembahasan dihasilkan simpulan, Kesatu, perjanjian perkawinan perlu dicatatkan karena perjanjian perkawinan sebagai tertib administrasi kependudukan, untuk memenuhi asas publisitas dan mengikat pihak ketiga, sebagai alat pembuktian dan pertimbangan hakim didalam persidangan, sebagai alat ukur kesadaran hukum masyarakat. Kedua, perjanjian perkawinan yang tidak dicatatkan ke Dinas Kependudukan dan Pencatatan Sipil hanya akan berlaku bagi pihak yang membuatnya, dan<br />tidak mengikat pihak ketiga.</p><p>Kata Kunci: Kekuatan Hukum; Perjanjian Perkawinan; Pencatatan Perjanjian Perkawinan</p>


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