Legal Review Of Malpractice Notary In The Notary’s Deed

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

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

Jurnal Akta ◽

10.30659/akta.v5i1.2552 ◽

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.

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

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6562 ◽

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.

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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 ◽

10.20884/1.atc.2020.3.2.57 ◽

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

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Code Enforcement Of Sanctions For Notary Who Having Multiple Offices

Jurnal Akta ◽

10.30659/akta.v6i4.7639 ◽

2020 ◽

Vol 6 (4) ◽

pp. 697

Author(s):

Abiem Pandya Prasojo ◽

Anis Mashdurohatun ◽

Ngadino Ngadino

Keyword(s):

Code Of Ethics ◽

Code Of Conduct ◽

Secondary Data ◽

Board Of Trustees ◽

Area Coverage ◽

Primary Data ◽

Moral Code ◽

Expert Opinions ◽

Notary Public

In every office attached to someone will be accompanied by moral rules called code of ethics as well as the notary office. Code of conduct notary entire moral code is determined by the association organization "Indonesian Notary Association" (INI), where applicable, and must be obeyed by all members of the association as well as others who have positions of notary. Notary is necessary to know and understand the code of conduct notary. This code of conduct govern all actions of what can be regarded as a violation of the code of conduct and what sanctions if violated the code of conduct. In practice, a notary public notary supervised by the board of trustees. This oversight is necessary so that the notary did not ignore the majesty and dignity of the profession.The method used in this research is normative. The data used are primary data and secondary data. Primary data in the form of research conducted in the field related to the object of research and data secondary, namely in the form of legislation, library, archives, expert opinions and regulations associated with the object of research.Discussion of the results shows that the sanction of conduct for notaries who have multiple offices are in violation of the code of conduct notary office. based on the above factors, it is important to know what is an indication of an offense involving the notary in the notary office area coverage authorized by a notary office code of ethics. Should the effort of the board of trustees for providing information about the code of conduct for all notaries to avoid misunderstandings about the ban notaries and exclusion. Therefore the role of the board of honor in the enforcement of the code of ethics notary must be implemented properly and in accordance with the applicable rules.Keywords: Notary Code; Honor Council; Office of the Associate; Notary.

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

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p02 ◽

2020 ◽

Vol 5 (3) ◽

pp. 446

Author(s):

Claudia Verena Maudy Sridana ◽

I Ketut Westra

Keyword(s):

Code Of Ethics ◽

Secondary Data ◽

Primary Data ◽

Public Official ◽

Legal Assistance ◽

Literature Study ◽

Legal Research ◽

The Social ◽

Notary Public ◽

Legal Consequences

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.

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Malpractice Dispute Resolution Conducted By Notary (Supreme Court Ruling Study Number: 2377 K/Pdt/2016)

Authentica ◽

10.20884/1.atc.2020.3.1.37 ◽

2020 ◽

Vol 3 (1) ◽

pp. 75-98

Author(s):

Indra Kurniawan

Keyword(s):

Dispute Resolution ◽

Code Of Ethics ◽

Supervisory Board ◽

Secondary Data ◽

Primary Data ◽

Public Official ◽

Court Ruling ◽

Moral Law ◽

Supreme Court Ruling ◽

Made In

A notary is a public official who is authorized by the state to make an authentic deed, the authority of this notary has been regulated in the Act of Notary (UUJN) and the Code of Ethics for Notary. Notary in making authentic deeds, solving challenges that lead to malpractice. The data used are secondary data and primary data as a complement to secondary data. The method used in this study is a method that discusses normative juridical. The research results obtained are 2 (two) notaries acceptable to malpractice, namely forms of denial or deviation and ability of the duties and responsibilities of the notary, either because of problems or negligence that can be justified. Accountability of the notary in the case of malpractice actions can be carried out on the basis of a moral law that will be borne by the notary if they carry out malpractice. The dispute resolution process carried out by a notary can be done through the Notary Supervisory Board, but cannot discuss the agreements that can be made in the Court.Keywords: Notary Liability, Malpractice, Dispute Resolution

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Ada Apa dengan Dewan Pengawas Syariah di Koperasi Simpan Pinjam dan Pembiayaan Syariah?

MALIA: Journal of Islamic Banking and Finance ◽

10.21043/malia.v3i2.8413 ◽

2019 ◽

Vol 3 (2) ◽

pp. 155

Author(s):

Choirul Absor ◽

Kharis Fadlullah Hana ◽

Fatikha Rizqya Nur

Keyword(s):

Financial Institutions ◽

Supervisory Board ◽

Secondary Data ◽

Primary Data ◽

Office Visits ◽

Moral Principles ◽

Savings And Loan ◽

Data Source ◽

Feasibility Test

<p><em>This study aims to determine the role of the Sharia Supervisory Board in supervising Sharia Savings and Loan Cooperatives (KSPPS) so that operations do not come out of sharia provisions. Sharia Supervisory Board includes legal assistants who have the duty to ensure and conduct supervision so that Sharia Financial Institutions are in sharia provisions. Savings and Loan Cooperatives and Sharia Financing are financial institutions that are socially based and in their activities are based on moral principles by considering haram and lawfulness of a business that is run in accordance with Islamic regulations. The method used to conduct this research is qualitative. The data source uses secondary data and primary data by collecting data in the form of interviews and documents. Based on the results of observations on KSPPS Berkah Abadi Gemilang that Supervision conducted by DPS there is still an obstacle that causes less optimal supervision, namely members of sharia supervisors who do not understand muamalah fiqh, mastery of economics and DPS rarely make office visits. In addition, one member of the DPS also does not yet have a certificate of proof of passing the exam from DSN-MUI or other standard certificates, in this case at least the results of the certificate provide a guarantee that the Sharia Supervisory Board has passed the feasibility test to become the Sharia Supervisory Board. KSPPS Berkah Abadi Gemilang in practice also still has errors, the Ba'I Bi'saman Ajil contract which is supposed to be a sale and purchase agreement but made as a financing and error in determining the margin based on the presentation of the money lent.</em></p>

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PERTANGGUNGJAWABAN HUKUM TERHADAP NOTARIS YANG MEMBUKA KANTOR CABANG ATAS NAMA SENDIRI (PUTUSAN NOMOR : 2/PTS/Mj.PWN.DKIJakarta/xi/2017)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i1.5252 ◽

2019 ◽

Vol 2 (1) ◽

pp. 564

Author(s):

Febry Yanti ◽

Gunawan Djajaputra

Keyword(s):

Code Of Ethics ◽

Supervisory Board ◽

Secondary Data ◽

Primary Data ◽

Legal Services ◽

Public Officials ◽

The West ◽

Legal Principles ◽

The Government ◽

Branch Office

Indonesia is a country that adheres to the legal system. The role of the notary is very important in Indonesia. Notaries act as public officials in providing legal services to the public. Notaries are public officials who have the authority to make authentic deeds. A notary position is a public or public position because a notary is appointed and dismissed by the government. Notaries are prohibited from opening more than one notary office because notaries can only open one notary office. But in reality there is a notary who opens a branch office. How the accountability and position of the notary who establishes a branch office on its own behalf is a problem discussed. The research method used is normative legal research is to find the truth of coherence, namely the rule of law in accordance with legal principles. sourced from primary data and secondary data as other supporting data which are analyzed quantitatively. The results of the study explained that the West Jakarta Regional Supervisory Board found that there was a notary office with 2 signboards in the West Jakarta area that had a notary office named Notary Netty Maria Machdar. So that Netty Maria Machdar was found guilty and the position of the notary became hanging due to the absence of a further verdict because it was only proposed to be honorably dismissed by the Regional Supervisory Board so that in this case Netty Maria Machdar was found guilty and obliged to replace the loss but because there was no further verdict. Notary Netty Maria Machdar can still use her rights as a legitimate Notary. Notary Netty Maria Machdar also violated the Indonesian Notary Association Code of Ethics.

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

Jurnal Akta ◽

10.30659/akta.v6i4.7668 ◽

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.

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ANALISIS POTENSI TINDAK PIDANA KORUPSI DALAM PELAKSANAAN TUGAS DAN JABATAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH

Wajah Hukum ◽

10.33087/wjh.v1i1.18 ◽

2018 ◽

Vol 1 (1) ◽

pp. 75

Author(s):

Tresya Tresya

Keyword(s):

Qualitative Analysis ◽

Code Of Ethics ◽

Secondary Data ◽

Sampling Technique ◽

Primary Data ◽

Legal Research ◽

Research Results ◽

Purposive Sampling ◽

Applicable Law ◽

Notary Public

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

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