scholarly journals Due Position to Legal Documents under the Hand in Notary Legalization

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 805
Author(s):  
Nur Amanah Amanah ◽  
Achmad Sulchan ◽  
Jawade Hafidz
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Criminal Offense ◽  
Strength Of Evidence ◽  
Legal Documents ◽  
Legal Effect ◽  
Legal Consequences

The purpose of this study was to investigate and analyze: 1) the position of the deed under hand on legalization by notary and 2) Due to legal documents under the hand that has been in Legalization by Notary. Based on the wording of Article 15 paragraph (2) a and b of Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary, the Notary in carrying out his authority to conduct the legalization of the deed under the hand. The method used in this study is a socio-juridical. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary legal materials as well as materials law tertiary literature. Data were then analyzed qualitatively.Based on the analysis, it can be seen that: 1). Position deed under the hand that was authorized by the Notary: when both parties recognize and explain correctly what is in deed under the hand, then the deed under the hand of a criminal offense and be perfect evidence as authentic deed. 2). The legal consequences deed under the hand which has been legalized by Notary: deed under hand on legalization by notary is not a legal effect of evidence which was perfect because they can be disputed later in court, and if the parties deny the strength of evidence in the hands of the judge's decision.Keywords: Deed Under Hand; Notary; Legalization.

scholarly journals Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Mochamad Rizqi Sismanto ◽  
Aryani Witasari
Keyword(s):  
Standard Procedure ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Effect ◽  
Standard Operating ◽  
Operational Management ◽  
Title Deed ◽  
Qualitative Descriptive ◽  
Legal Consequences ◽  
Tertiary Study

The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah  is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

scholarly journals Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 309
Author(s):  
Devi Nindy Lestari ◽  
Lathifah Hanim
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Strength Of Evidence ◽  
Legal Implications ◽  
The Law ◽  
Tertiary Study

The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.

scholarly journals The Protection of Adaptation Rights to E-Novels Infringed by the Website in Perspective of Copyright Law

2021 ◽  
Vol 6 (2) ◽  
pp. 213-223
Author(s):  
Inge Dwisvimiar ◽  
Andhima Abdul Ghanny
Keyword(s):  
Technological Development ◽  
Secondary Data ◽  
Copyright Law ◽  
Primary Data ◽  
The Novel ◽  
Library Studies ◽  
Directorate General ◽  
Criminal Charges ◽  
Website Content ◽  
Legal Consequences

Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.

scholarly journals TANGGUNG JAWAB HUKUM BADAN USAHA PELABUHAN TERHADAP KLAIM ATAS KELALAIAN PELAYANAN JASA BONGKAR MUAT BARANG KEPADA EKSPEDITUR

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Muhammad Rafiq Abdillah Duyo
Keyword(s):  
Qualitative Methods ◽  
Research Result ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Library Research ◽  
Litigation Process ◽  
Legal Consequences

This research is aimed to analyse legal consequences of port enterprise regarding claim over negligence in loading and uploading services to expeditor to investigate how the responsibility is performed by PT. Pelabuhan Indonesia IV regarding the claim over negligence in loading and uploading services to the expeditor and what measures are taken by the port enterprise to settle the dispute. This is an empirical legal research that employed socio-juridical approach. Primary data was obtained by conducting interviews and observation, while the secondary data from library research that relevantly supports the issue observed. All those types of data will be analysed with descriptive and qualitative methods. The research result reveals that the implementation of the responsibility of PT. Pelabuhan Indonesia IV is restricted by law. As implied in Article 468 Paragraph (2), if the port enterprise could provide proof of being not guilty, in which the goods are damaged when shipped or forwarding, this damage is not the responsibility of PT. Pelabuhan Indonesia IV. The claim can be responded through non-litigation process in which negotiation may take place between two involved parties.

scholarly journals TINJAUAN YURIDIS TERJADINYA DELIK PENADAHAN DI WILAYAH HUKUM POLRES LUWU

2017 ◽  
Vol 4 (2) ◽  
pp. 46
Author(s):  
Andi Takdir Djufri
Keyword(s):  
Literature Review ◽  
Qualitative Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Offense ◽  
Analysis Technique ◽  
Low Education

This research is conducted precisely in the jurisdiction of Polres Luwu by using primary data obtained from direct interviews or observation and secondary data obtained from the results of literature review, in the form of books, report materials, articles and other documents. Data were analyzed using qualitative analysis technique then processed systematically.The factors causing the occurrence of a criminal offense in the jurisdiction of Luwu Police from 2015 to 2017 are the ignorance of the perpetrators of the origin of the goods obtained, limited employment, and low education. Efforts that have been made by the police in tackling the criminal offense that occurred in the Luwu Police Precinct is with efforts that are preventive and repressiveKeywords: Decalification Penelitian ini dilaksanakan tepatnya di wilayah hukum Polres Luwu  dengan menggunakan data primer yang diperoleh dari hasil wawancara langsung atau observasi dan data sekunder yang diperoleh dari hasil kajian pustaka, berupa buku, bahan laporan, artikel dan dokumen lainnya. Data dianalisa dengan menggunakan teknik analisa  kualitatif kemudian diolah secara sistematis.Faktor yang menyebabkan terjadinya delik penadahan di wilayah hukum  Polres Luwu dari tahun 2015 sampai dengan tahun 2017 adalah ketidaktahuan pelaku tentang asal-usul barang yang diperoleh, lapangan kerja yang terbatas, dan pendidikan yang rendah. Upaya yang telah dilakukan pihak kepolisian dalam menanggulangi delik penadahan yang terjadi di wilayah hukum  Polres Luwu adalah dengan upaya yang bersifat preventif dan represifKata kunci : Penadahan

scholarly journals The Application of Maslahah Mursalah in A Mediation Process Between Disputant Parties

2020 ◽  
Vol 3 (1) ◽  
pp. 1-14
Author(s):  
Andika Catur Prastyo
Keyword(s):  
Data Collection ◽  
Field Research ◽  
Secondary Data ◽  
Qualitative Approach ◽  
District Court ◽  
Primary Data ◽  
Mediation Process ◽  
Legal Effect ◽  
Data Source ◽  
Islamic Economic

The purpose of this study is to explore how is the mediation process in the Sragen District Court ta in Sharia economic disputes. It also seeks to determine the suitability of the mediation process in terms of the Maslahah Mursalah. This research is a field research with a qualitative approach. The data source of this study consists of primary data and secondary data. The location of this study is in Sragen District Court. Data collection techniques in this study were using documentation and interviews. This study shows that the mediation process in Islamic economic disputes is not much different from other disputes. This research also reveals that there is a non-compliance with the existing regulations, i.e that peace which is carried out by the parties occurs outside the court and there is no Peace Act. Based on this, it will lead to a different legal effect

scholarly journals ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA

Jurnal Akta ◽  
2019 ◽  
Vol 6 (4) ◽  
pp. 811
Author(s):  
Bambang Suprayogi ◽  
Akhmad Khisni
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Knowledge ◽  
Transfer Property ◽  
The Public ◽  
Land Disputes ◽  
Administrative Responsibilities ◽  
Legal Consequences

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka

scholarly journals The Model of Nonstructural Mitigation Policy to the Landslide Prone Residential Areas in Lebong, Bengkulu

Yuridika ◽  
2021 ◽  
Vol 36 (2) ◽  
pp. 333
Author(s):  
Iskandar Iskandar ◽  
Tri Andika ◽  
Wulandari Wulandari
Keyword(s):  
Secondary Data ◽  
Disaster Mitigation ◽  
Primary Data ◽  
Residential Areas ◽  
Mitigation Policy ◽  
Community Based ◽  
Policy Model ◽  
Legal Documents ◽  
Regulatory Frameworks ◽  
Mitigation Policies

The purpose of this study is to find a model of nonstructural disaster mitigation policies for landslide-prone settlements in Lebong Regency. The study is a sociological juridical (sociolegal). processing and analysis of primary data, secondary data, information from the results of the FGD and legal documents were carried out in a descriptive qualitative manner. The results of the study show that the implementation of non-structural mitigation policies for residential areas prone to landslides has not been implemented optimally. In implementing such non-structural mitigation policies, there are several obstacles, both internal and external. The non-structural mitigation policy model for landslide-prone settlements, namely that the Lebong Regency Government needs to formulate and determine community-based policy steps, which include: identification and mapping of potential landslide residential areas, increasing community preparedness, increasing community knowledge and capacity, monitoring continuity towards landslide-prone settlements, control/enforcement, maintain environmental balance, pay attention to the carrying capacity and amperage of the environment, compile planning and budgeting, integrate disaster education in primary and secondary school curricula, strengthen regulatory frameworks and establish mitigation SOPs.

scholarly journals Legal Review Of Malpractice Notary In The Notary’s Deed

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni
Keyword(s):  
Code Of Ethics ◽  
Supervisory Board ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Criminal Offense ◽  
Library Studies ◽  
Notary Public ◽  
Administrative Sanction

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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