scholarly journals Notaris Law Protection Under The Civil Law In Law Number 2 Year 2014 Concerning Amendment To Law Number 30 Year 2004 Regarding Notary Position

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 555
Author(s):  
Farah Farah ◽  
Gunarto Gunarto

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN

2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.


2020 ◽  
Vol 8 (1) ◽  
pp. 42
Author(s):  
Asna Zamharira ◽  
Arief Suryono

<p>Abstract<br />This articles aims to find out how legal protection for health facilities is towards late payment of claims by BPJS Health. The research method used in writing this law is a normative juridical research method that is research that uses secondary data or literature that is supported by primary data in the field as supporting data. Analysis of data using qualitative analysis. The results of the study revealed that health services in implementing the Health Insurance program between RSUD Dr. Moewardi Surakarta with BPJS Health is based on a collaboration agreement between RSUD Dr. Moewardi Surakarta with BPJS Kesehatan about Advanced Level Referral Health Services for Participants in the Health Insurance Program, one of which is the contents of a cooperation agreement regarding the payment system of claims. The claim system is carried out by referring to the agreement. In the system of claims there were still obstacles that is the delay in the payment of claims by BPJS Kesehatan to the hospital. As a form of legal protection, to resolve the problem of late payment of claims made in accordance with the cooperation agreement and Perpres No. 82 Tahun 2018 concerning Health Insurance. The Government and BPJS Kesehatan are expected to be able to make claims payments in accordance with the terms or agreed cooperation agreements.<br />Keywords: Cooperation agreement; Claim; BPJS Kesehatan; Hospital.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui bagaimana perlindungan hukum bagi fasilitas kesehatan tehadap keterlambatan pembayaran klaim oleh BPJS Kesehatan. Metode penelitian yang digunakan dalam penulisan hukum ini adalah metode penelitian yuridis normatif yaitu penelitian yang menggunakan bahan-bahan hukum sekunder atau kepustakaan yang ditunjang dengan data primer di lapangan sebagai data pendukung. Data diolah dan dianalisis secara kualitatif. Hasil penelitian diketahui bahwa pelayanan kesehatan dalam melaksanakan program Jaminan Kesehatan antara RSUD DR. Moewardi  Surakarta dengan BPJS Kesehatan didasarkan pada perjanjian kejasama antara RSUD Dr. Moewardi Surakarta dengan BPJS Kesehatan tentang Pelayanan Kesehatan Rujukan Tingkat Lanjutan bagi Peserta Program Jaminan Kesehatan yang salah satu isi perjanjiannya mengenai sistem pembayaran klaim. Sistem pembayaran klaim dilakukan dengan berpedoman pada perjanjian kerjasama. Dalam sistem klaim masih ditemui hambatan yaitu terjadinya keterlambatan pembayaran klaim oleh BPJS Kesehatan kepada rumah sakit. Sebagai bentuk perlindungan hukum, untuk penyelesaian permasalahan keterlambatan pembayaran klaim dilakukan sesuai dengan perjanjian kerjasama dan Perpres No. 82 Tahun 2018 tentang Jaminan Kesehatan. Pemerintah dan BPJS Kesehatan diharapkan dapat melaksanan pembayaran klaim sesuai dengan ketentuan atau perjanjian kerjasama yang telah disepakati.<br />Kata Kunci: Perjanjian Kerjasam; Klaim; BPJS Kesehatan; Rumah Sakit.</p>


LITIGASI ◽  
2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Mulyanto Mulyanto ◽  
Sutapa Mulja Widada

  The purpose of this study was to describe the root causes of conflict and the palace of King Twins conflict resolution patterns Keraton Surakarta Sultanate . The method used is descriptive method sosiolegal . This study is located in the Keraton Surakarta using primary data and secondary data. Techniques of qualitative data analysis by using the theoretical interpretation. The results showed that the root of the problem is basically this conflict began Keraton Surakarta since the death of Paku Buwana XII on June 11, 2004. The conflict between the heir to the throne of Kanjeng Gusti Pangeran Harya (KGPH) Hangabehi and KGPH Tedjowulan born of different mothers. Patterns of conflict resolution involving a third party (mediation) mechanisms beyond traditional law paugeran palace. Lastly, Mediation of legal protection based Surakarta Mayor Letter No. 181.1/6619/SJ Minister mentioned that the mayor coordinate with Deliberation forums Regional Head (Muspida) and family Keraton Solo Kasunanan, to resolve conflicts and protect the palace as a cultural heritage. Keywords : Mediation; Conflict; Local Wisdom.


2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.


2013 ◽  
Vol 2 (3) ◽  
Author(s):  
Anjar S C Nugraheni - C Nugraheni ◽  
Diana Tantri C ◽  
Zeni Luthfiyah

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Th</em><em>e high number of divorce in every year creates concern toward the children’s rights whose have parents divorce. Therefore, the writers did the research in order to identify the legal protection of children’s rights post parents divorce either for rights to rearing and rights to basic necessities. The research is involved into sociological research. The primary data was obtained through interview and the secondary data was coming from literature study from judge’s verdict in District court of Surakarta (either for general District court or religion District court). Technical analysis uses qualitative data specially using deductive method. This research shows that most of all the verdicts (judge’s decision), more than 75%, does not have any substantial decision regarding rights to rearing and rights to basic necessities (in both district court-general District court and religion District court). Based on this result, it means that the legal protection for the children’s who experience parents divorce is at very minimum legal protection for their rights.  The differences of legal protection, research by the writers between both district court, are in religion District court, the underwriter for rearing is given to the mother if the children are below 12 years old (mumayiz) and beyond 12 years old, the children could choose the underwriter is (until he or she is in the mature age-21 years old). Meanwhile, in general District court, there are no clauses regarding what and who are the underwriter, there is no mumayiz term including the differences uses of mature age between 18 years old or 21 years old.</em></p><p><strong><em>Keywords: </em></strong><em>divorce, rights to rearing, rights to basic necessities, age limit.</em></p><p align="center"><strong>Abstrak</strong></p><p>Semakin tingginya angka perceraian setiap tahunmemunculkan keprihatinan penulis tentang nasib anak- anak yang orangtuanya mengalami perceraian.Oleh karena itu penulis melakukan penelitian dengan tujuanmengidentifikasi perlindungan hukum terhadap hak-hak anak pasca perceraian kedua orangtuanya baik hak asuh maupun hak nafkah anak. Penelitian ini termasuk penelitian sosiologis.Data primer diperoleh melalui wawancara dan data sekunder diperoleh melalui studi pustaka putusan-putusan hakim di PN dan PA Kota Surakarta.Teknik analisis menggunakan analisis data kualitatif khususnya dengan metode deduktif. Hasil penelitian menunjukkan sebagian besar putusan (<span style="text-decoration: underline;">+</span>75%) tidak mengandung amar putusan tentang hak asuh dan hak nafkah anak baik putusan perceraian di PN maupun PA.Hal ini berarti masih kurangnya perlindungan hokum terhadap hak-hak anak pasca perceraian kedua orangtuanya.Perbedaan perlindungan hukum yang diidentifikasi penulisantara di PA dan PN ialah jika di PA, kuasa hak asuh diseyogyakan adalah ibu jika anak belum berumur 12 tahun (mumayiz) dan setelah berumur lebih dari 12 tahun, anak dapat memilih siapa yang memegang hak asuh atas dirinya serta umur kedewasaan adalah 21 tahun. Sementara di PN, tidak ada ketentuan yang jelas siapa kuasa hak asuh, tidak dikenal istilah mumayyiz dan umur kedewasaan ada yang menganggap sampai berumur 18 tahun tapi ada juga yang sampai berumur 21 tahun .</p><strong>Kata kunci: </strong>Perceraian, hak asuh anak, hak nafkah anak, batas umur.


Author(s):  
Yurike Prastika Putri ◽  
Ismansyah Ismansyah ◽  
Linda Elmis

The objectives of the present research are: 1) to know the Provision of Child Adoption according to Positive Law in Indonesia Viewed from the Perspective of Law Number 35 of 2014 regarding Child Protection; 2) to know the Legal Protection on Child Inheritance Right; 3) to know How the Legal Consequence for the parties in the child adoption without court judge ruling. This is a descriptive research in which the problem approach is judicial empirical and it uses two data sources namely primary data and secondary data. In terms of unknown chilld background, then the child’s religion is adjusted to the local community’s religion in majority. This child adoption causes legal consequence both for the biological parents that must be responsible for fulfilling all child’s needs and for the government. With this child adoption, the biological parents that must be responsible for this can move their obligations to the adoptive parents. By this child adoption, all rights and obligations of the biological parents are moved to the adoptive parents. Besides, the legal consequence for the adoptive parents in this child adoption is the presence of obligation to fulfill all their adopted child’s needs as what they give to their biological child.


2018 ◽  
Vol 14 (2) ◽  
pp. 195
Author(s):  
Mechri Defrid Badoa ◽  
Gene H. M. Kapantow ◽  
Eyverson ., Ruauw

This study aims to determine the factors that affect the conversion of agricultural land in South Tomohon Subdistrict Tomohon City. In particular, this study looks at internal factors that affect the conversion of agricultural land in South Tomohon Sub-District, Tomohon City. This study was conducted by using secondary data obtained from BPS (Statistics Bureau) office Tomohon City, Subdistrict office and Village Offices in South Tomohon Sub-district. And for the primary data obtained from the direct interview with the farmers. The data is then analyzed by using qualitative data analysis techniques using tables and described descriptively. The results of research showed that land function change happened in this area, allot of land that is as housing (70%). Furthermore, for the main cause of landowners sell or alter the function of agricultural land that is due to the cost of child education and high selling prices.*jnkd*.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
KERI SANTOSA ◽  
Lathifah Hanim

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building


2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Lilik Septriyana

The number of frauds has evolved with various forms, such fraud committed by bank employees. This study will focus on three legal issues, namely what is the mechanism for offering credit takeovers to customers at Bank Mandiri which in fact can be carried out by outsourcing personnel? What is the ratio legis for the Decision of PN Tanjungkarang Number 664/Pid.B/2017/PN.Tjk actions of outsourcing employees at PT Bank Mandiri? And how to build a security management system for Bank Mandiri against fraudulent attempts by outsourced employees? The research approach in this study is normative juridical approach and an empirical approach by using secondary data and primary data, and qualitative data analysis. The results of the study is the factors of outsourcing employees of PT Bank Mandiri has authorized to offer credit take over to customers, because of social strata factor, economic factors and environmental factors. Judges' consideration of fraud by outsourced employees of PT Bank Mandiri in Decision Number 664/Pid.B/2017/PN.Tjk is based on evidence, witness statements, expert statements, indictments of the Public Prosecutor, elements of the Prosecutor's Indictment, as well as incriminating and mitigating matters. Ideal law enforcement against fraud by outsourced employees PT Bank Mandiri has the aim to punish outsourced employees so that they become a deterrent and not to repeat their actions later on and tend to improve the lives of many people.


2018 ◽  
Vol 6 (2) ◽  
pp. 135
Author(s):  
Dwi Astuti ◽  
Teguh Widodo

Although the government has made various efforts to encourage the sustainable use of coastal and marine resources, utilization patterns that are damaging and threaten the sustainability of coastal and marine resources are still ongoing. This is due to the pressing of need for life, which is getting higher and higher. Development of mangrove ecotourism is one of the alternative development that can help overcome the problem. Utilization of mangrove ecosystem for the concept of tourism (ecotourism) in line with the change in the interest of tourists from old tourism as a new tourism. The purpose of this research is to identify the potential of ecotourism and to determine ecotourism development strategy in Bengkalis Island. The research method used for data type is quantitative and qualitative data with data source in the form of primary data and secondary data. Data collection conducted through questioner, survey method, literature and documentation. Furthermore, the data analysis used is using quantitative and qualitative data analysis methods. The results of the research show that the potential of mangrove ecotourism in Bengkalis Island that can be identified is located in Bengkalis, Bantan, Rupat, Bukit Batu, Siak Kecil and Bandar Laksamana subdistricts. Based on the processing of questionnaire data, the results obtained if consumer interest in mangrove ecotourism on Bengkalis Island, is dominated by referential interest, where the respondents want that mangrove ecotourism on Bengkalis Island is better known and in demand.


Sign in / Sign up

Export Citation Format

Share Document