Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

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Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8779 ◽

2020 ◽

Vol 3 (1) ◽

pp. 223

Author(s):

Haris Wahyu Sunarno ◽

Akhmad Khisni

Keyword(s):

Criminal Justice ◽

Criminal Responsibility ◽

Criminal Liability ◽

Descriptive Analysis ◽

Criminal Code ◽

Primary Data ◽

State Court ◽

Literature Study ◽

Justice Process ◽

Criminal Justice Process

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts

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Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8357 ◽

2020 ◽

Vol 2 (4) ◽

pp. 507

Author(s):

Asep Suherdin ◽

Maryanto Maryanto

Keyword(s):

Drug Abuse ◽

Law Enforcement ◽

Criminal Liability ◽

Logical Consequence ◽

Descriptive Analysis ◽

Secondary Data ◽

Primary Data ◽

Military Justice ◽

Sociological Approach ◽

The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

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Pertanggungjawaban Pidana terhadap Notaris yang Membuat Keterangan Palsu dalam Akta Otentik

JURNAL RECHTENS ◽

10.36835/rechtens.v9i2.786 ◽

2020 ◽

Vol 9 (2) ◽

pp. 93-106

Author(s):

Subiyantana Subiyantana ◽

Nynda Fatmawati Octarina

Keyword(s):

Criminal Responsibility ◽

Criminal Liability ◽

False Information ◽

False Statement ◽

Civil Suit ◽

The Law ◽

Legal Consequences

Abstrak Seorang notaris terkadang tanpa diketahuinya ada keterangan palsu yang disampaikan para pihak, yang kemudian menjadi dasar pembuatan akta autentik. Perlu dikaji dan dianalisis pertanggungjawaban pidana notaris atas akta yang dibuat berdasarkan keterangan palsu serta mengkaji dan menganalisis akibat hukum yang timbul terhadap akta notaris yang didasarkan pada keterangan palsu.Notaris dapat dimintai pertanggungjawaban pidana terhadap akta yang dibuat olehnya berdasarkan apa yang dilihat, disaksikan, dan dialaminya dalam suatu perbuatan hukum jika secara sengaja atau lalai, notaris membuat akta palsu sehingga merugikan pihak lain. Pertanggungjawaban secara pidana, seorang notaris harus memenuhi unsur-unsur: melakukan tindak pidana; memiliki kemampuan untuk bertanggung jawab; dengan kesengajaan atau kealpaan; dan tidak ada alasan pemaaf. Terhadap akta notaris yang dibuat berdasarkan keterangan palsu tidak dengan sendirinya mengakibatkan akta tersebut batal demi hukum. Para pihak yang dirugikan dengan keberadaan akta seperti itu harus mengajukan gugatan perdata ke pengadilan untuk membatalkan akta tersebut. Pertanggungjawaban pidana notaris perlu diatur dalam UUJN yang akan datang. Kata Kunci:Notaris, Pidana, Perbuatan Melawan Hukum Abstract A notary sometimes without knowing there is a false statement submitted by the parties, which then becomes the basis for making an authentic deed. It is necessary to study and analyze the criminal liability of notaries for deeds made based on false information as well as to study and analyze the legal consequences arising from notary deeds based on false information. The notary can be held liable for criminal responsibility for the deed made by him based on what he has seen, witnessed and experienced in a legal act if intentionally or negligently, the notary makes a fake deed so that it harms other parties. For criminal responsibility, a notary must fulfill the following elements: committing a criminal act; have the ability to be responsible; intentionally or negligently; and there are no excuses. A notarial deed based on false information does not automatically result in the deed being null and void. The parties who are aggrieved by the existence of such a deed must file a civil suit to the court to cancel the deed. The criminal liability of notaries needs to be regulated in the upcoming UUJN. Keywords : Notary, Criminal, Act against the law

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Notary Role In The Process Of Establishment Of Foreign Investment Company Limited Statutory Company Limited In The City Kendari

Jurnal Akta ◽

10.30659/akta.v7i1.7876 ◽

2020 ◽

Vol 7 (1) ◽

pp. 143

Author(s):

Dewa Bayu Lumanga ◽

Amin Purnawan

Keyword(s):

Foreign Investment ◽

Descriptive Analysis ◽

Limited Liability ◽

Secondary Data ◽

Field Studies ◽

Third Party ◽

Primary Data ◽

Limited Liability Company ◽

Legal Advice ◽

Company Limited

The purpose of this research are: 1) To analyzing role notary in the process of establishment of foreign investment limited liability company under the laws of a limited liability company in Kendari. 2) To analyzing obstacles is facing a notary in the process of establishment of the Foreign Investment Limited Liability Company under the laws of a limited liability company in Kendari and provide solutions to these obstacles. The method used by researchers is empirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interview Notary in Kendari. And secondary data obtained from the results of research studies that literature. Based on The role of the Notary In Process Incorporation Limited Liability Investment Asing based on Act of Company Limited in Kendari is providing legal advice and pouring the will of the parties to the deed of incorporation in order to not conflict with existing regulations and is responsible for ensuring the deed of incorporation approved by the Minister of Justice and Rights Human Rights of the Republic of Indonesia, and once approved, the deed of establishment is the highest law for limited liability companies and limited liability company and a binding third party. Barriers Faced Notary In Process Incorporation Limited Liability Based on the Foreign Investment Limited Liability Company Act in Kendari is: a) Business Licensing; b) domicile Enterprises; c) Determination Business Sector; d) Administrative requirements; e) Capital To Establish Company. The solution is: a) It helps if you first understand your business; b) In selecting the business domicile you should use the designation of the building is for the business; c) In such case, please see the business field closest correlation with the idea; d) In person at the local PTSP to determine the current terms to provide a solution establishing businesses; e) Learn first line of business you will run.Keywords: Role; Notary; Incorporation; Limited Liability Company (PT); Foreign Direct Investment (FDI)

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Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8433 ◽

2020 ◽

Vol 3 (1) ◽

pp. 41

Author(s):

Junaidi Junaidi ◽

Sri Endah Wahyuningsih ◽

Ira Alia Maerani

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Corporate Crime ◽

Descriptive Analysis ◽

Secondary Data ◽

Criminal Code ◽

Company Law ◽

Primary Data ◽

Criminal Offense ◽

Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

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Police Role In The Effort Management And Control The Fight Between Youth In Making Public Order In The Blora Regency

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8400 ◽

2020 ◽

Vol 3 (1) ◽

pp. 81

Author(s):

Zaenul Arifin ◽

Sukarmi Sukarmi

Keyword(s):

Secondary Data ◽

Field Studies ◽

Criminal Code ◽

Third Party ◽

Primary Data ◽

Public Order ◽

The Public ◽

Treatment And Prevention ◽

Using Data

Group fights criminal acts defined as crimes of violence together as provided for in Article 170 of the Criminal Code. Data from Blora Regency police indicate that a fight between youth always the case in every year in the Blora Regency. This study aims to determine the role of the police in handling and overcoming a fight between youth, barriers and solutions in realizing the public order in Blora. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, while the data collection method is field studies and literature. Using data analysis methods of qualitative analysis. The analysis used as knife crime prevention theory, theory and the theory of the role of law enforcement. The results showed that the role of the police in handling and overcoming a fight between youth in realizing the public order in Blora is through the efforts of non penal (preventive) and attempts penal (repressive). Barriers arising in the treatment and prevention of fights between youth to realize the public order in Blora is the number of police personnel limited, the police difficult to present witnesses so that not all the perpetrators can be arrested, the third party to interfere in the settlement of the problem, and the lack of awareness Public.Keywords: Role; National Police; Prevention; Fights Between Youth.

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Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8483 ◽

2020 ◽

Vol 3 (1) ◽

pp. 87

Author(s):

Didi Wahyudi Sunansyah ◽

Aryani Witasari

Keyword(s):

Child Protection ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Field Studies ◽

Primary Data ◽

State Court ◽

Sociological Approach ◽

Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

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Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8434 ◽

2020 ◽

Vol 2 (4) ◽

pp. 579

Author(s):

Dudu Wawan Setiawan ◽

Bambang Tri Bawono

Keyword(s):

Law Enforcement ◽

Descriptive Analysis ◽

Secondary Data ◽

Field Studies ◽

Research Society ◽

Court Decision ◽

Primary Data ◽

State Court ◽

Court Judge ◽

Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

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Review Of The Implementation Process Of Completion Of Juridical Code Violations Of Notary In Kendari

Jurnal Akta ◽

10.30659/akta.v7i2.7881 ◽

2020 ◽

Vol 7 (2) ◽

pp. 169

Author(s):

Hendro Kusuma Jaya Jaya ◽

Amin Purnawan

Keyword(s):

Judicial Review ◽

Code Of Ethics ◽

Descriptive Analysis ◽

Code Of Conduct ◽

Implementation Process ◽

Secondary Data ◽

Field Studies ◽

Primary Data ◽

Resolution Process ◽

Code Violations

Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.

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Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari)

Jurnal Akta ◽

10.30659/akta.v7i2.7970 ◽

2020 ◽

Vol 7 (2) ◽

pp. 201

Author(s):

Steffi Yesyer Palloan ◽

Akhmad Khisni

Keyword(s):

Alternative Dispute Resolution ◽

Descriptive Analysis ◽

Secondary Data ◽

Land Rights ◽

Field Studies ◽

Primary Data ◽

Lack Of Information ◽

Legal Effect ◽

The Cost

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.

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