scholarly journals The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 517
Author(s):  
Arif Rakhman ◽  
Jawade Hafidz
Keyword(s):  
Public Life ◽  
Legal Profession ◽  
Public Official ◽  
Legal Certainty ◽  
Regional Monitoring ◽  
Legal Rules ◽  
The Public ◽  
Legal Problems ◽  
The Law

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.

scholarly journals State, BUMN (State Owned Enterprises - SOEs) and Role of Law in Economic Development: A Theoretical Approach

2019 ◽  
Vol 1 (2) ◽  
pp. 20-29
Author(s):  
Teuku Syahrul Ansari
Keyword(s):  
Economic Development ◽  
Legal Status ◽  
Social Space ◽  
Corporate Law ◽  
Legal Certainty ◽  
Law System ◽  
Economic Law ◽  
Legal Problems ◽  
The Law

In developing the Business Judgment System for State-Owned Enterprises (SOEs, Persero) in Indonesian Economic Law, it is necessary to elaborate on the theory of the role of law in economic development. According to J.D. Mrs. Hart has three elements that must be developed in the legal system so that the law plays a role in economic development, namely predictability, stability, justice (fairness). The role of the law, basically refers to the main purpose of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The role of the law basically refers to the main objective of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The focus of this paper is the interaction of Indonesian corporate law in the Indonesian Economic Law system in the management of state-owned enterprises, as one of the corporations with legal status to be able to compete globally, because this principle is a universal principle. Corporate law and globalization interact in the same social space and interests. With these interactions, it allows various possibilities, such as integration, incoordination (partial merging), competition (each running alone), conflict (conflicting), and avoidance (one of the laws avoids the enforcement of other laws).

scholarly journals Kekuatan Hukum Covernote Notaris sebagai Produk Hukum Notaris

Acta Comitas ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 90
Author(s):  
I Gede Arya Wijaya
Keyword(s):  
Vital Role ◽  
Public Official ◽  
Legal Certainty ◽  
Legal Power ◽  
The Law ◽  
Credit Agreement ◽  
Legal Product ◽  
Legal Force

A notary is a public official who in principle has the authority to make authentic deeds and has other authorities as referred to in the Notary Position Act or other Laws. In addition to issuing authentic deeds, a Notary can also issue a covernote covernote as a temporary guarantee to be a temporary handle for banks to disburse credit while waiting for the related deeds to be processed by a Notary. Covernote from the process until its use involves Notary, Creditors and Debtor elements. This vacuum of norms caused the three elements to find no legal certainty rather than the strength of the law of Covernote and the vital role of covernote in the banking world so that it was necessary for a legal certainty regarding the legal power of covernote. The problem in this writing is the use of covernote Notary in the credit agreement and legal force of covernote Notary as a legal product of the Notary. This writing aims to find out the use of Covernote Notary in the credit agreement and to know the legal strength of Covernote Notary as a legal product of the Notary. The research used in this paper is the study of normative law. The use of Covernote Notary in the credit agreement is part of the Notary's business in providing certainty to the bank to be able to agree to disburse credit before the APHT is completed and the certificate of liability is issued, Notary covernote. Covernote issued by the notary is used as a guide for banks to disburse credit to debtor customers. The legal strength of Covernote as a legal product of a notary does not have any legal force, because Covernote is not an authentic deed and also not an underhanded deed, but only an ordinary letter which only explains the Notary's statement to explain that the thing that the Notary is working is still not finishe. Notaris merupakan pejabat umum yang pada prinsipnya memiliki kewenangan dalam membuat akte autentik dan kewenangan yang lainya seperti dalam UU Jabatan Notaris atau Undang – Undang lainya. Selain mengeluarkan akta autentik, seorang Notaris juga dapat mengeluarkan covernote. Covernote ini dijadikan sebagai jaminan untuk menjadi pegangan sementara bagi bank guna mencairkan kredit sembari menunggu akta-akta terkait selesai diproses oleh Notaris. Covernote dari proses hingga penggunaanya melibatkan unsur Notaris, Kreditur dan Debitur. Kekosongan norma (vacum of norm) ini menyebabkan ketiga unsur tersebut tidak mendapati kepastian hukum dari kekuatan hukum Covernote tersebut. Begitu vitalnya peran covernote dalam dunia perbankan sehingga perlu atas suatu kepastian hukum mengenai kekuatan hukum covernote. Permasalahan dalam penulisan ini adalah penggunaan covernote Notaris dalam perjanjian kredit dan kekuatan hukum covernote Notaris sebagai produk hukum Notaris. Penulisan ini bertujuan mengetahui penggunaan Covernote Notaris dalam perjanjian kredit dan mengetahui kekuatan hukum Covernote Notaris sebagai produk hukum Notaris. Penelitian ini menggunakan peneliltian hukum normatif. Penggunaan Covernote Notaris dalam perjanjian kredit adalah bagian dari usaha Notaris dalam memberikan kepastian kepada pihak bank untuk bisa menyetujui mencairkan kredit sebelum pembuatan APHT selesai dan sertifikat hak tanggungan terbit, Notaris covernote. Bank dapat menjadikan Covernote sebagai pegangan untuk mencairkan kredit. Kekuatan hukum suatu Covernote sebagai produk hukum notaris tidaklah memiliki kekuatan hukum apapun, karena Covernote bukan akta autentik dan juga bukan akta dibawah tangan, melainkan hanya surat biasa yang hanya menjelaskan  pernyataan Notaris untuk menerangkan bahwa hal yang Notaris kerjakan masih belum selesai

scholarly journals Analisis Hukum terhadap Hak Imunitas Advokat Dalam Beracara Memberikan Bantuan Hukum

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
M Rudi Hartono ◽  
Radi Candra
Keyword(s):  
Legal Services ◽  
Legal Assistance ◽  
The Public ◽  
Legal Advice ◽  
Proper Role ◽  
Legal Problems ◽  
The Law

The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.

scholarly journals Inspection Process of Notary as Witnesses and Suspects in The Case of Crime

2018 ◽  
Vol 1 (3) ◽  
pp. 831
Author(s):  
Adad Adad ◽  
Widayati Widayati
Keyword(s):  
Public Interest ◽  
Legal Profession ◽  
Legal Certainty ◽  
Moral Integrity ◽  
Interested Party ◽  
The Public ◽  
Inspection Process ◽  
The Creation ◽  
In The Beginning

The existence of the Notary institution based on the needs of the community in making authentic act as a binding evidence. Notary role in serving the public interest is providing services in deed and other tasks that require the services of a Notary. Deed issued by Notary ensuring legal certainty for the public. Notaries have a role as well in running the legal profession can not be separated from the fundamental issues relating to the functions and role of the law itself. The authority Notary as stated in Article 15 UUJN is made the authentic act on all deeds, agreements, and provisions required by legislation and / or desired by an interested party, to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, provide a copy, and official copies, all along the deed is not assigned or excluded to officials or other persons specified by law. Notaries also authorized to certify the signatures and set a firm date of a letter under the hand by enrolling in a special book (legalization). Besides qualify predetermined law in order for a certificate to be authentic, a Notary in his duties shall carry out their duties with discipline, professional and moral integrity should not be in doubt. What is stated in the beginning and end of the deed is the responsibility of the notary is a phrase that reflects the true situation at the time of a deed. As stated in Article 65 UUJN: "Notary, Substitute Notary, Special Substitute Notary, and Acting Notary responsible for any deed that is made despite the Protocol Notary has been assigned or transferred to the storage Notary Protocol.Keywords: Inspection Process; Notary; Witnesses.

scholarly journals Mit pewności prawnej, czyli dlaczego nieprecyzyjne standardy prawne mogą być lepsze dla kapitalizmu i liberalizmu

2018 ◽  
Vol 2 (2) ◽  
pp. 22-47
Author(s):  
Ofer Raban
Keyword(s):  
Legal Profession ◽  
Good Faith ◽  
Political Organization ◽  
Legal Certainty ◽  
Legal Rules ◽  
Legal Standards ◽  
Bright Line ◽  
Moral Standards ◽  
The Law ◽  
Key Aspects

This article reviews key aspects of the theoretical debate on the distinction between bright-line rules framed in clear and determinate language and vague legal standards. It is generally believed that legal rules provide more certainty and predictability, while legal standards afford flexibility, accommodate equitable solutions, and allow for a more informed development of the law. Furthermore, the article seeks to refute the idea that bright-line rules are superior to vague standards in regard to certainty and predictability. In first section, the author articulates the claims that legal certainty and predictability are essential for both capitalism and liberalism, and that these systems of economic and political organization therefore require legal rules framed in clear and determinate language. Second section undertakes a critical  valuation of that claim and argues that, oftentimes, the best-drafted clear and determinate rules would result in less certainty than alternative vague and indeterminate standards. Third section provides explanations why things are so, arguing that the law is but one of many normative systems; that competing economic, social, and moral standards are often couched in vague and indeterminate terms; and that many of these standards cannot be reduced to clear and determinate rules. As conclusion author pointed out  on the extensive use of vague legal standards that with no doubt harbors dangers. Vague standards can easily mask arbitrariness, inconsistency, and injustice, and can also generate uncertainty. their proper use requires good faith, professionalism, and intelligence, and therefore depends on a high caliber legal profession.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Public Life of Montaigne

2016 ◽  
Author(s):  
Philippe Desan
Keyword(s):  
Public Life ◽  
The Public

Montaigne’s public life extends over more than thirty years—from 1556 to 1588. His first career was as a member of the parlement from 1554 to 1570, one that reflected the desire of his father, Pierre Eyquem. After leaving his post of councilor in the parlement of Bordeaux, he displayed his diplomatic ambitions, which were not rewarded. In 1581, Montaigne was appointed mayor of Bordeaux for two years; he was reelected to this position in 1583. After his term of office ended, for a time he played the role of negotiator between Henry III and the leader of the Protestant party, Henry of Navarre. Imprisoned in 1588, he abandoned all political ambitions and ended his public life before retiring to his château. The public life of Montaigne allows us to consider the Essays as an attempt at political reappropriation in the aftermath of the Saint Bartholomew’s Day massacre.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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