scholarly journals Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan dengan Minuta Akta

2019 ◽  
Vol 6 (2) ◽  
pp. 147
Author(s):  
Yoefanca Halim ◽  
Fricky Sudewo ◽  
Tyas Fidelia
Keyword(s):  
Code Of Ethics ◽  
Civil Liability ◽  
The Public ◽  
The Law ◽  
Notary Public

<h1>Notary as a general official has authorization in making an authentic deed and have other powers as referred to in this law or under other laws, as described in the Department of Law Notary. In carrying out his position, a notary is obliged to act as a trustee, honest, equitable, independent, immutated, and keep the interests of the parties and to make the deed Minuta. In addition, a notary is obliged to issue the Grosse deed, copy of the deed, or Deed citation based on Minuta deed, such matters are governed by Law No.2 of 2014 as has been amended by Law No. 30 of 2004 on the Department of notary. It means that a notary is supposed to carry out obligations. But in fact, the notary can still be found that does not carry out obligations as stipulated in the notary law. By looking at this raises an issue about, "What is Notary's responsibility for the inconsistency of the Copy act with the Minuta deed?". In general, the responsibilities of notary public can be examined in the public, criminal, notary LAW, and responsibility for performing the duties of the department under the notary Code of Ethics. Civil liability regarding material truth in the deed made and can be categorized as making false documents in criminal terms. While the responsibilities according to the LAW and the Code of Ethics Department notary, notary may be subject to sanctions in the form of oral warning, letters, temporary stops, and stops with respect or disrespect.</h1><p class="KataKunciInggris"> </p>

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals PERJANJIAN PENGIKATAN JUAL BELI DALAM PRAKTIK PRE PROJECT SELLING

2019 ◽  
Vol 5 (2) ◽  
pp. 223-229
Author(s):  
Diah Ayu Saraswita
Keyword(s):  
Civil Code ◽  
Special Technique ◽  
The Public ◽  
Language Form ◽  
The Law ◽  
Notary Public

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed’s title and deed’s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

scholarly journals Perlindungan Hukum Terhadap Intervensi Pemberitaan dalam Kerangka Kemerdekaan Pers Nasional

2019 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Fuqoha Fuqoha ◽  
Indrianti Azhar Firdausi ◽  
Arga Eka Sanjaya
Keyword(s):  
Qualitative Study ◽  
Code Of Ethics ◽  
Legal Protection ◽  
The Public ◽  
The Press ◽  
The World ◽  
A Priority ◽  
The Law ◽  
Journalistic Ethics ◽  
Descriptive Qualitative

Law protection for journalists has been guaranteed through legislation as outlined in law number 40 of 1999 concerning the press. Through the press law, the independence of the national press is a priority as a form of protection in the world of the press. In order to safeguard the independence of the national press, an independent body was formed which took care of and supervised the national press, the press council. Among the duties and functions of the press council is to enforce journalistic ethics through a journalistic code of ethics as a guide for journalists both journalists and press companies. The dynamics that occur, violations of the journalistic code of ethics sometimes create clashes with the public or the community who feel disadvantaged which results in conflict with the law. This research is a descriptive qualitative study with a normative juridical approach. From the analysis of this study shows that legal protection against violations of the journalistic code of ethics and the independence of the national press is adjusted to the main laws of the press against the intervention of parties who feel disadvantaged. The independence of the national press is directed at independence and without intervention in a story.

scholarly journals DEGRADASI AKTA OTENTIK YANG TIDAK DILAKUKAN PENANDATANGANAN PARA PIHAK SECARA BERSAMA

2019 ◽  
Vol 19 (2) ◽  
pp. 263
Author(s):  
Dian Dharmayanti ◽  
Rr Asfarina Izazi Razan ◽  
Nahdlotul Fadilah
Keyword(s):  
Code Of Ethics ◽  
The Other ◽  
The Will ◽  
High Integrity ◽  
The Law ◽  
Notary Public ◽  
Take All ◽  
Laws And Regulations

<em>Notary is a general officer authorized to create an authentic deed of all actions, agreements, and statutes required by the laws and/or regulations required by the interested to be expressed in the deed Authentically, guaranteeing the certainty of the date of the deed, storing the deed, giving Grosee, copies and quotations of the deed, all of them throughout the making of the deed were not also assigned or excluded to the other officers stipulated by the law. Thus, it is described in article 1 number 1 of Law No. 2 of 2014 concerning the amendment to law Number 30 year 2004 concerning the Notary Regulation (Hereinafter called UUJN). A notary public is a noble, independent and high integrity position, so it is only natural to take all actions in their position seriously referring to the laws and regulations and the code of ethics. The law actions of the parties as described in the notarial deed is purely wishes of the parties and the notary is limited to providing law counseling related to the contents of the deed and the law actions of the parties, without imposing the will of the parties. party or in favor of one party. After the deed is made and then read out in front of the parties and witnesses, it must be signed when it is signed by all parties present and witnesses as well, it becomes one of the notary obligations stipulated in UUJN.</em>

scholarly journals Tanggung Jawab Notaris terhadap Akta Otentik yang Dibuatnya Terkait Jangka Waktu Pensiun

2020 ◽  
Vol 1 (2) ◽  
pp. 329-333
Author(s):  
I Gusti Ayu Ria Rahmawati ◽  
I Nyoman Putu Budiartha ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Criminal Responsibility ◽  
Code Of Ethics ◽  
Civil Liability ◽  
Conceptual Approach ◽  
Grace Period ◽  
Full Responsibility ◽  
Notary Public ◽  
Maximum Limit

An authentic deed is a letter whose form has been determined by law that can be used as perfect evidence made before a notary public. The notary concerned must take full responsibility in case of problems related to the deed he made, whether in Civil, Criminal, UUJN and Code of Ethics. The notary will be released from all of these responsibilities if he has retired from his position. This study aims to determine the responsibility of the notary for authentic deeds that are canceled in court and made after the retirement period. The research method used is normative law using a statutory approach and a conceptual approach. The results of the analysis show that the notary's responsibility for the authentic deed he makes when declared canceled in court can be divided into 4, namely a) civil liability, b) criminal responsibility, c) responsibility based on UUJN d) Responsibility based on the Code of Ethics. Then, the notary is still responsible even though the notary's term of office has ended or has retired. This can be carried out by the authorities as long as the authentic deed is null and void in existence at a grace period of 30 years from the date the deed is drawn up by the Notary. Through this research, it is hoped that the provisions regarding the responsibility of the notary public after retirement will be more defined regarding the maximum limit so as not to cause problems for both the notary and the party concerned

scholarly journals Sanksi Bagi Notaris Yang Mempromosikan Jabatannya Pada Sosial Media

2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
Meishell Njoto
Keyword(s):  
Social Media ◽  
Research Method ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
Legal Consequences

Notary plays an important role in making authentic deed in Indonesia. Notaries are often referred to occupying honorary positions as general or state officials. As the holder of an honorary position trusted by the public to make an authentic deed, the Notary must comply with the applicable laws and the Code of Ethics. Obligations and prohibitions of Notaries have clearly been regulated in UUJN and Notary Ethics Code, but that does not mean there are no Notaries who violate these rules. In order to find out what the legal consequences of a notary who violated social media promotion, the authors conducted this research. The research method used in this study is normative legal research. Normative legal research is legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures. Which means this research examines secondary data material or does a literature review. The approach used in this study is the statutory approach and the conceptual approach. The result of this research is the prohibition on promotion through social media which actually has been regulated in various rules regarding notaries along with the legal consequences if the Notary Public violates these rules.

PENGGUNAAN SISTEM BARCODE DALAM RANGKA PENGAMANAN AKTA NOTARIS

2019 ◽  
Vol 5 (2) ◽  
pp. 214-222
Author(s):  
Rr. Dwini Imananda Noegroho
Keyword(s):  
Civil Code ◽  
Special Technique ◽  
The Public ◽  
Language Form ◽  
The Law ◽  
Notary Public

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed’s title and deed’s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

scholarly journals Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan Dengan Minuta Akta

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 35
Author(s):  
Tyas Fidelia
Keyword(s):  
Code Of Ethics ◽  
Public Official ◽  
Legal Research ◽  
The Law ◽  
Notary Public ◽  
The Difference

Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in this Law or based on other laws, as described in Article 1 number 1 of the Law on the Position of Notary Public. In carrying out his position, a Notary is required to act trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties concerned as well as making a Deed in the form of a Minute Deed. In addition, a Notary is required to issue a Grosse Akta, a Copy of the Deed, or a Quotation of the Deed based on the Minuta Deed. These matters are regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. By looking at these provisions, it is fitting for a Notary to carry out his obligations. But in reality, you can still find Notaries who do not carry out the obligations as stipulated in the Law on Notary Position. Starting from negligence in maintaining the Minuta Akta to differences between the Deed of Copy and the Minuta Akta. Of course, the difference between the Deed of Copy and the Minuta of the Deed will give losses to the parties who entered into an agreement. Regarding the responsibilities of a Notary Public, in general, it can be reviewed on a civil, criminal basis, the Law on the Position of Notary Public, and the responsibility for carrying out his / her duties based on the Notary's code of ethics. By looking at this raises a problem regarding, "What is the responsibility of the Notary for the non-conformity of the Copy Deed with the Minuta Deed?". The method used in this research is a normative or juridical legal research method.Keywords: Notary, Deed, and Notary Responsibilities

The Authority of the Honorary Council of the Indonesian Notary Association in Imposing Sanctions for Violation of the Notary's Code of Ethics

2021 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ahmad Yani ◽  
Taupiq Qurrahman
Keyword(s):  
Code Of Ethics ◽  
Ethical Guidelines ◽  
Professional Code ◽  
Moral Principles ◽  
The Law ◽  
Notary Public ◽  
Central Management

A code of ethics is a pattern of rules, procedures, signs, ethical guidelines when carrying out an activity / a job. The notary code of ethics is all moral principles that guide in carrying out the position of a notary, whether it applies to Notaries or other people who hold and carry out the position of notary public. The Indonesian Notary Association as the only forum for Notaries has a very important role in making rules and enforcing the professional code of ethics for Notaries, because one of the complementary tools in the Indonesian notary association is the presence of an Honorary Council. The Honorary Council upholds the code of ethics, dignity and dignity of the Notary, which is independent and free from partiality in carrying out its duties and authorities in the association. The objectives of this study are 1. What are the obligations and prohibitions against Notaries, 2. How is the Authority of the Honorary Council of the Indonesian Notary Association in Imposing Sanctions for Violation of the Notary's Code of Ethics in Indonesia. The methodology used in this research is normative juridical. The results of the discussion are: Notaries have obligations and prohibitions, both those regulated by law and those regulated by a code of ethics. If the notary violates the law, the notary has indirectly violated the code of ethics. However, notaries who violate the code of ethics do not necessarily violate the law. In addition, in upholding the code of ethics, the Central Honorary Council only has the authority to give warnings and proposals to the central management to make a temporary dismissal (schorsing) of association members who violate the code of ethics

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