scholarly journals Analysis Of Judge's Decision On Notary Tort In South Jakarta District Court (Case Study No. 124/PDT.G/2017/PN.Jkt.Sel)

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 519
Author(s):  
Ma'ruf Akib ◽  
Amin Purnawan
Keyword(s):  
Research Literature ◽  
District Court ◽  
Court Case ◽  
Power Of Attorney ◽  
Positive Law ◽  
Title Deed ◽  
Disability Law ◽  
Registered Office ◽  
Credit Agreement

The purpose of this research is 1) To know the Judges considerations in determining Notary Torts in South Jakarta District Court, 2) To determine the Decision Execution Judge Effects of Torts committed Notary in South Jakarta District Court.The method in this research is descriptive. This type of research is normative. The method used is qualitative analysis, namely data obtained through fieldwork and research literature then arranged systematically, and then analyzed qualitatively to achieve clarity issues to be discussed. The data is then analyzed using a theoretical and interpretive positive law which has been poured and then deductively conclude to address existing problems.Based on the results of research that the judge in analyzing the case with No. 124/PDT.G/2017/PN.Jkt.Sel seen from the evidence presented as witnesses, documentary evidence, conjecture, confession or oath that is revealed in the trial are: Defendant 1 and Defendant V and co-Defendant 1 and Defendant II helped found guilty of Torts; Plaintiff is the legal owner of the disputed land Right No. 3747/Pondok Pinang, covering an area of 310 M.2, Pictures situation 24-0201994 date No. 1242/1994; Sale and Purchase Deed before a Notary Noor Kholid Adam, SH., MH between Andrei Widjaya with Ir. Sugandi, canceled Based on Law; Mortgage Ranked First No. 5204/2016 based APHT PPAT Noor Kholis Adam, SH., MH, registered in the name of Standard Chartered Bank with registered office in Branch Jakarta dated August 29, 2016 is the Disability Law, Illegal, not have binding legal force; As a result of the implementation of decisions of law in case No. 124 / PDT.G / 2017 / PN.Jak.Sel relating to tort which did by Notary is null and void, with all the legal consequences of Notary Deed and the Co-Defendants, namely: Sale and Purchase Deed No. 202/2016 dated May 23, 2016, made before PPAT Noor Kholis Adam, SH., MH; Property Ownership Deed of Credit Agreement (KPP) No. 872 / MRG / V / 16 dated May 23, 2016; Property Title Deed of Credit Agreement (KPP) No. 873 / MRG / V / 16 dated May 23, 2016; Power of Attorney Imposing Mortgage No. 203/2016 dated May 23, 2016 of Notary PPAT Noor Kholis Adam, SH., MH .; Power of Attorney to charge Encumbrance No. 256/2016 dated June 22, 2016, made before PPAT Noor Kholis Adam, SH., MH. Granting Mortgage Deed No. 301/2016 dated July 21, 2016, made before PPAT Noor Kholis Adam, SH., MH .; Owned right certificate No. 3747/Pondok Pinang Size 310 M.2, Pictures Situation No. 1242/1994 dated February 24, 1994 on behalf of Andrie Widjaya burdened security rights to Standard Chartered Bank.Keywords: Judge's Decision; Torts; Notary.

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 Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

scholarly journals Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 567
Author(s):  
Diyah Ayu Fatkhurochmah ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Positive Law ◽  
Legal Method ◽  
Judgment Process ◽  
The Absolute

The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute

Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Yusup Sugiarto ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Civil Law ◽  
Power Of Attorney ◽  
The Law ◽  
Credit Agreement

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.

Civic Engagement and Environmentalism in Emerging Adulthood

2018 ◽  
Author(s):  
Michael W. Pratt ◽  
M. Kyle Matsuba
Keyword(s):  
Civic Engagement ◽  
Emerging Adults ◽  
Life Story ◽  
The United States ◽  
Research Literature ◽  
John Muir ◽  
Conservation Movement ◽  
Key Points ◽  
Positive Engagement

Chapter 9 focuses on contexts of positive engagement in the domain of the wider society among emerging adults. The authors examine the growing research literature on civic engagement and volunteering, covering patterns of development and change during emerging to young adulthood, describing how this development is linked to the three personality levels of the McAdams and Pals model. They also describe work on one salient contemporary type of civic engagement, environmentalism, and review what is known on this particular topic in youth. The authors cover the evidence on both of these domains from their Futures Study sample, using both questionnaire and narrative material to expand these findings. As a way of illuminating the key points, the chapter ends with a case study of the early life story of John Muir, an important founder of the environmental and conservation movement in the United States.

Treatment of Polydipsia Using a Contingency Management Procedure Incorporating a Self-Management Approach: A Single Case Study

1993 ◽  
Vol 21 (3) ◽  
pp. 275-279 ◽  
Author(s):  
John Turnbull
Keyword(s):  
Single Case ◽  
Contingency Management ◽  
Research Literature ◽  
Self Management ◽  
Pharmacological Intervention ◽  
Management Approach ◽  
Management Procedure ◽  
Management Techniques ◽  
One Year

Polydipsia is a disorder that has received little attention in the research literature. Treatment has been mainly confined to medical or pharmacological intervention. Few studies have reported the use of contingency management techniques and none have sought to encourage self-management. This study shows how such a procedure brought about a significant change in rates of water drinking in a thirty-one year old man with a mild learning disability.

THE ‘NATIVE’ UNDEFINED: COLONIAL CATEGORIES, ANGLO-AFRICAN STATUS AND THE POLITICS OF KINSHIP IN BRITISH CENTRAL AFRICA, 1929–38

2005 ◽  
Vol 46 (3) ◽  
pp. 455-478 ◽  
Author(s):  
CHRISTOPHER JOON-HAI LEE
Keyword(s):  
Southern Africa ◽  
Central Africa ◽  
Mixed Race ◽  
Court Case ◽  
Colonial State ◽  
Colonial Policy ◽  
Ultimate Failure ◽  
Definition Of ◽  
Determining Factor

This article examines the categorical problem that persons of ‘mixed-race’ background presented to British administrations in eastern, central and southern Africa during the late 1920s and 1930s. Tracing a discussion regarding the terms ‘native’ and ‘non-native’ from an obscure court case in Nyasaland (contemporary Malawi) in 1929, to the Colonial Office in London, to colonial governments in eastern, central and southern Africa, this article demonstrates a lack of consensus on how the term ‘native’ was to be defined, despite its ubiquitous use. This complication arrived at a particularly crucial period when indirect rule was being implemented throughout the continent. Debate centered largely around the issue of racial descent versus culture as the determining factor. The ultimate failure of British officials to arrive at a clear definition of the term ‘native’, one of the most fundamental terms in the colonial lexicon, is consequently suggestive of both the potential weaknesses of colonial state formation and the abstraction of colonial policy vis-à-vis local empirical conditions. Furthermore, this case study compels a rethinking of contemporary categories of analysis and their historical origins.

See What I Mean? Analogical Objects for Knowledge Mediation in Early Phases of Cross-Industry Innovation

2021 ◽  
Author(s):  
Hilda Bø Lyng ◽  
Eric Christian Brun
Keyword(s):  
Nonverbal Communication ◽  
Visual Representations ◽  
Research Literature ◽  
Knowledge Domains ◽  
Collaborative Engagement ◽  
Epistemic Objects ◽  
Industry Sectors ◽  
Early Phases

The objective of this research is to explore the nature and role of analogies as objects for knowledge transfer in cross-industry collaborations. A case study of an organization seeking cross-industry innovation (CII) across two industry sectors was conducted, and the empirical data were analyzed qualitatively. We found that analogies used as knowledge mediation objects could be classified as explanatory or inventive, each expressed as linguistic or visual representations. Explanatory analogical objects help build prior knowledge of a foreign industry domain, thus easing later use of inventive analogical objects to identify how knowledge from one industry can be applied in another industry for innovation purposes. In these roles, the analogies serve as boundary objects. Both explanatory and inventive analogies can also serve as epistemic objects, motivating for further collaborative engagement. Visual representations of analogies help bridge the abstract with the concrete, thereby easing the process of creating analogies. They also enable nonverbal communication, thus helping bypass language barriers between knowledge domains. The reported research expands current research literature on knowledge mediation objects to the context of CII and provides added detailed understanding of the use of analogies in CII.

The influence of homeschooling on entrepreneurial activities: a collective case study

2017 ◽  
Vol 59 (7/8) ◽  
pp. 706-719 ◽  
Author(s):  
Sarah Jeanne Pannone
Keyword(s):  
Locus Of Control ◽  
Small Sample Size ◽  
Research Literature ◽  
Small Sample ◽  
Content Type ◽  
Collective Case Study ◽  
Internal Locus Of Control ◽  
Entrepreneurial Characteristics ◽  
Entrepreneurial Activities

Purpose The purpose of this paper is to investigate how a homeschool education influences entrepreneurial characteristics and activity. Design/methodology/approach A collective case study design was used to investigate how a homeschool education influences entrepreneurial characteristics and activity. Findings From the participant interviews, surveys, and document analysis, three salient themes emerged. First, participants noted that their home education, at least in later years, was largely self-directed and that this independent, self-motivated type of learning impacted their subsequent entrepreneurial activities. Next, participants also related that they believed the alternative nature of their homeschooling education and its emphasis on being comfortable with being different influenced their entrepreneurial pathway. Finally, the third theme to surface was the idea that homeschooling helped develop an internal locus of control, a belief that is helpful in entrepreneurial undertakings. Research limitations/implications Research limitations included a lack of generalizability due to a small sample size and possible selection bias. Practical implications Despite these shortcomings, however, several implications exist. For example, the findings from this study show that homeschooling may be a viable alternative education method for parents looking to encourage entrepreneurial traits and activities in their children. Social implications Future areas of research were also identified, including a call to research the role locus of control plays in homeschooled students. Originality/value This study addresses an area that, to the knowledge of this researcher, is completely lacking from the research literature.

scholarly journals Penggusuran Pedagang Kaki Lima Sebagai Perbuatan Melanggar Hukum

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Akmal Adicahya
Keyword(s):  
Land Rights ◽  
Collateralized Debt Obligations ◽  
Power Of Attorney ◽  
Charging Time ◽  
Promise Land ◽  
Collateralized Debt ◽  
Credit Agreement ◽  
The Right ◽  
Ownership Rights

Mortgage abolishment because the expiration of the Right of Exploitation (HGU) , Right of Building (HGB), and Right of Use burdened not cause the abolishment of collateralized debt obligations. Duration HGU, HGB and wear rights expire, then the mortgage that is charged against the land becomes clear. This additional agreement means clear. Instead principal agreement (credit agreement) is not necessarily to be clear, and move on. In this case resulted in the creditors are in a weak position because of unpaid debts, Mortgage over land as collateral to remove. This study discusses the normative legal efforts to do the lender to avoid the possible risk of the abolishment of land rights based on Law Number 42 Year 1996, which includes the manufacture of promise land extend rights in the imposition of mortgage deed, power of attorney making mortgage charging time HGB changes become ownership rights residential, Object insurance burden for advantage mortgage holder mortgage, debitor to request additional collateral

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