scholarly journals KEWENANGAN NOTARIS DALAM HAL MEMBUAT AKTA PARTIJ (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1003 K/PID/2015)

2019 ◽  
Vol 2 (2) ◽  
pp. 482
Author(s):  
Rio Utomo Hably ◽  
Gunawan Djajaputra
Keyword(s):  
Research Methods ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Primary Data ◽  
Public Official ◽  
Descriptive Research ◽  
Notary Public ◽  
The Republic ◽  
Case Number

Partij deed is a type of deed that can be made by a notary public official who is authorized by the state to perform services in society. Notary public as a public official who contains an authentic description of all events or events that are seen, experienced, and witnessed by the Notary himself. Notary Deed must contain what is desired by both parties in the agreement. The notary public only has the role of providing perfect proof of strength through the deed he made if later the parties to the deed disputed in court. In practice problems often arise including the issue of notary responsibility and notary authority as happened in the deed of party, how the authority of the Notary in Making Partij Deed (Example of Supreme Court Decision Case Number: 1003 K / PID / 2015) is a problem that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, are analyzed qualitatively. The results of the study illustrate that the Notary does not follow under Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

scholarly journals Legal Review Of Malpractice Notary In The Notary’s Deed

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni
Keyword(s):  
Code Of Ethics ◽  
Supervisory Board ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Criminal Offense ◽  
Library Studies ◽  
Notary Public ◽  
Administrative Sanction

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

scholarly journals Etika dan Peran Notaris Dalam Mengeluarkan Akta Waris (Contoh Kasus Notaris A Pada Tahun 2018)

2019 ◽  
Vol 2 (2) ◽  
pp. 928
Author(s):  
Albeth Albeth ◽  
Gunawan Djajaputra
Keyword(s):  
Research Methods ◽  
Professional Ethics ◽  
Secondary Data ◽  
Professional Group ◽  
Primary Data ◽  
Descriptive Research ◽  
Notary Public

Ethics is a collection of principles or values relating to norms that live in society that are generally recognized as a moral method as guidelines in behavior. in carrying out their duties, the notary must rely on professional ethics that have been recorded or regulations that have been written and are binding and must be obeyed by all members of the professional group to be obeyed and may be subject to sanctions for those who violate these provisions. In notarial practice in Indonesia, many notary people violate the ethics of the notary profession itself, the last few years many violations committed by notaries, this can be seen from several problems regarding the making of the deed. then the notary is responsible for the changes made by him, responsibility is a result of the consequences of a person's freedom of conduct related to ethics or morals in carrying out an act. how the responsibility of a Notary Public in Making a Deed of Inheritance (Example of a notary case A in 2018) is a matter that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, were analyzed qualitatively. The results of the study illustrate that the Notary does not follow the professional ethics of a notary that has been regulated by the Indonesian Notary Association (INI). 

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals Peran Notaris Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 234
Author(s):  
Mochamad Elmo Sidiq ◽  
Amin Purnawan
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Regional Government ◽  
Legal Basis ◽  
Development Site ◽  
Notary Public

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.

scholarly journals Kinerja Guru Kelas Dalam Menyusun dan Mengembangkan Perangkat Pembelajaran di SD Negeri KIP Maccini Makassar

2020 ◽  
Vol 4 (1) ◽  
pp. 11
Author(s):  
Nurul Hikmah
Keyword(s):  
Elementary School ◽  
Data Collection ◽  
Research Methods ◽  
Teacher Performance ◽  
Secondary Data ◽  
The State ◽  
Primary Data ◽  
Average Score ◽  
Descriptive Research ◽  
Qualitative Descriptive

Abstract;                      Nurul Hikmah, (2019). Teacher performance class in organizing and developing learning devices in the state SDN KIP Maccini Makassar. Guided By Syarifuddin Cn Sida and Idawati.This study aims to study the performance of the teachers in developing and expanding learning devices in the state SDN KIP Maccini Makassar. This type of research uses qualitative descriptive research methods. The location in this research is the state elementary school KIP Maccini Makassar. The types of data in this study are primary data obtained directly from the informant and secondary data in the form of documents relating to the issues and the research reports. The instruments in this research are own researchers and supporting data collection tools are interview guidelines. Based on the results of the study that the performance of teachers certified by SDN KIP MACCINI in the planning of learning received an average score of 18.32 in the category quite effective. The assessment showed that teachers certified by SDN KIP MACCINI were well-performing in the planning of learning. Keywords: teacher performance; Learning devices

scholarly journals Analisis Usahatani, Tataniaga dan Peran Kelembagaan Petani Teh Rakyat di Kabupaten Cianjur Sebagai Kawasan Perkebunan Teh Nasional

2018 ◽  
pp. 120-135
Author(s):  
Nurhayat Indra
Keyword(s):  
Black Tea ◽  
Data Sources ◽  
Added Value ◽  
Primary Data ◽  
Tea Plantation ◽  
Descriptive Research ◽  
Bargaining Position ◽  
The Republic ◽  
The Village

Abstract. This research is based on the phenomenon that the condition of tea plantation in Cianjur Regency is abandoned and damaged by the condition of underplanting population, whereas based on the Decree of the Minister of Agriculture of the Republic of Indonesia Number 46 / Kpts / PD.300 / 1/2015, Kabupaten Cianjur has designated as National Tea Plantation Area. The purpose of this research is to know: 1) Feasibility of Tea Tea farm in Cianjur District; 2) The condition of the tea community trading in Cianjur regency; and 3) The role of farmer institution in the development of Tea people in Cianjur Regency. The research was conducted in 3 (three) sub-districts of Cianjur People's Tea Center namely: Campaka, Takokak, and Sukanegara. The research methodology uses the descriptive and descriptive research with secondary and primary data sources collected through FGD. The result of this research are: (1) Farming Farming (agribusiness) of tea plantation in Cianjur Regency is not economically feasible; (2) Tatuiaga Teh shoot still using the village and / or village collectors trader channel, the margin obtained by farmers and traders of collectors is still reasonable, the added value of processing is still enjoyed quite large by the local green tea processor and dry / black tea; (3) Tea farmers' institutions in improving the bargaining position of farmers in the market have not been effective yet. Keywords: People's Tea, Farming, National Plantation Area Abstrak. Penelitian ini dilandasi oleh adanya fenomena bahwa kondisi perkebunan Teh rakyat di Kabupaten Cianjur banyak yang terlantar dan rusak dengan kondisi populasi yang underplanting, sedangkan berdasarkan Keputusan Menteri Pertanian Republik Indonesia Nomor 46/Kpts/PD.300/1/2015, Kabupaten Cianjur telah ditetapkan sebagai Kawasan Perkebunan Teh Nasional.  Penelitian ini bertujuan untuk mengetahui: 1) Kelayakan usahatani Teh rakyat di Kabupaten Cianjur; 2)Kondisi tataniaga Teh rakyat di Kabupaten Cianjur; serta 3)Peranan kelembagaan petani  dalam pegembangan Teh rakyat di Kabupaten Cianjur. Penelitian dilakukan di 3 (tiga) kecamatan sentra Teh rakyat Kabupaten Cianjur yaitu: Campaka, Takokak, dan Sukanegara.  Metodologi penelitian menggunakan penelitiandeskriptif dengan sumber data sekunder dan primer yang dihimpun melalui FGD. Hasil dari penelitian ini adalah: (1) Usahatani (agribisnis) perkebunan Teh rakyat di Kabupaten Cianjur tidak layak secara ekonomi; (2) Tataniaga Teh  pucuk masih menggunakan saluran pedagang pengepul desa dan atau Kecamatan, margina yang diperoleh petani dan pedagang pengepul masih wajar, nilai tambah pengolahan masih dinikmati cukup besar oleh pengolah Teh hijau local dan Teh kering/hitam; (3) Kelembagaan petani Teh dalam meningkatkan posisi tawar para petani di pasar belum berfungsi efektif. Kata kunci: Teh Rakyat, Usahatani, Kawasan Perkebunan Nasional  

scholarly journals The Role of the Notary in the Credit Agreement with Mortgage Guarantee (Case Study in the Bank Tabungan Negara (Persero) Tbk)

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 719
Author(s):  
Amalia Chusna Chusna ◽  
Jawade Hafidz
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
District Court ◽  
Primary Data ◽  
Public Official ◽  
Credit Agreement ◽  
Settlement Of Disputes

The purpose of this study was to: 1) Analyze determine and analyze the role of the notary in the completion of the loan agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 2). Analyzing the causes of a default in settlement of loans with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 3) Analyze the settlement of disputes in the credit agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk.This research is a field research or empirical research with sociological juridical approach. Sociolegal research done by researching in the field (field research) by means of interviews with respondents who are the primary data and researching library materials is a secondary data and also referred to the research literature. Analysis of data using Qualitative analysis.The research results are: 1) Task, responsibilities and authority of the Notary is a deed of credit agreement requested by the bank based on information that is clear, to legalize the deed of credit agreement, and is responsible for the correctness, accuracy, completeness of documents, provide counseling to clients / debtors , conceal the identity of the debtor's creditors, enter into a deed of the District Court registry book. 2) Notarial acts as a public official entitled to a deed of credit agreement. And provide legal certainty for the parties to the credit agreement. Besides the role of the Notary as well as the authorities to check against collateral in the form of Encumbrance to ascertain whether goods such guarantee was legal or not, or to avoid if there is a possibility in the collateral Mortgage were made in the warranty is still disputed law or case law. 3) Barriers faced by a Notary is a lack of understanding on banking borrowers, thus providing an explanation to the parties concerned to a mistake in making the agreement can be minimized.Keywords: Deed; Loan Agreement; Encumbrance.

scholarly journals The Notary Authority in Resolving Land Disputes with Deed of Peace

2019 ◽  
Vol 6 (5) ◽  
pp. 219
Author(s):  
Anggun Kemala Putri ◽  
Yuslim Yuslim ◽  
Suharizal Suharizal
Keyword(s):  
Human Life ◽  
Field Studies ◽  
Primary Data ◽  
Public Official ◽  
Legal Certainty ◽  
Human Needs ◽  
Land Disputes ◽  
Notary Public ◽  
Ownership Of Land

Disputes that often occur are usually related to ownership of land, this is because of the important role of land in human life, so that land becomes an object that is prone to disputes or disputes between people, this occurs because human needs for land are increasing, but the land supply is relatively fixed. Notary  as a public official trusted by the community to resolve land disputes through a peace deed made by a notary to ensure legality. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus in this research is to find out and analyze the authority of a notary public in resolving land disputes with a deed of peace. The results showed that 1) Notary was authorized to make a peace deed to guarantee legal certainty for the parties to settle land disputes in accordance with article 15 Paragraph (2) letter f of the UUJN and 2) The peace deed drawn up by a Notary Public is an Authentic Deed but not final binding like a van dading deed decided from the results of mediation in court.

The Role of The Notary Honorary Assembly in Law Enforcement Following The Change of Article 66 of Law No. 30 Of 2004 on Notary Positions

Authentica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 206-219
Author(s):  
Annisa Ayu Rachmayanti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Public Enforcement ◽  
Community Needs ◽  
Notary Public ◽  
And Function ◽  
Role And Function

The role and function of the Notary has experienced very rapid progress other than because of the very high community needs but also awareness of legal certainty related to an engagement. Notaries in carrying out their duties and positions are bound by the rules of office and are also bound by a code of ethics as a guide to the behavior of the Notary profession. This supervision is carried out by institutions that have been given the mandate based on applicable laws. The data used are secondary data and primary data as a complement to secondary data. The method used in this research is the normative juridical approach. The research results obtained by the Notary Honorary Council have a role in the supervision, guidance and protection of the notary public. Enforcement of law includes the role of supervision carried out by giving approval or rejection of the summon of the Notary and photocopy of a notary deed due to a request from the investigator or judge. Keywords: Role, Notary Honor Council, Law Enforcement

scholarly journals Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 771
Author(s):  
Najmi Amudy ◽  
Gunarto Gunarto ◽  
Achmad Sulchan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Bad Faith ◽  
False Information ◽  
Problems And Solutions ◽  
The Face ◽  
The Law ◽  
Notary Public

The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.

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