scholarly journals TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)

2021 ◽  
Vol 3 (2) ◽  
pp. 136-148
Author(s):  
Laberqi Pamitama
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
Direct Result ◽  
Legal Relationship ◽  
Illegal Acts ◽  
Legal Accountability ◽  
The Law

The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sanctions are imposed for errors that occur in the construction of illegal acts. Actions against the law in this case are active or passive. As a form of notary responsibility in the field of civil law, sanctions in the form of compensation, compensation and interest will be imposed as a result of which the Notary will receive from the lawsuit of the parties if the deed only has evidence as an underhand deed or the deed is null and void by law. Second, the notary can be responsible for the Authentic Deed made before him, it can be from reimbursement of expenses, compensation or interest that can be sued against the Notary based on a legal relationship between the Notary and the parties before the Notary. If there is a party who feels aggrieved as a direct result of a notary deed, then the person concerned can sue the notary publicly. In the case of a lawsuit due to an act against the law, Article 1365 of the Civil Code applies. In this case the Cassation Petitioners were rejected, so the Cassation Petitioners were sentenced to pay court fees at this cassation level.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Understanding the Unlawful Acts (Problems and Challenges) A Book Review ‘Perbuatan Melanggar Hukum’, Prof. Dr. R. Wirjono Prodjodikoro, SH., CV Mandar Maju, Bandung, 108 Pages, ISBN 978-979-538-470-0

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Natanael Andra Jaya Nababan
Keyword(s):  
Primary Education ◽  
Civil Law ◽  
Civil Code ◽  
Commercial Law ◽  
East Indies ◽  
Dutch East Indies ◽  
The Law ◽  
Broad Meaning

Book witen by Prof Dr. R. Wirjono Prodjodikoro, Wirjono was bor in Surakarta, Dutch East Indies, on 15 June 1903. After completing his primary education, he attended the Rechtsschool I in Batavia, graduating in 1922. He then became a judge, later taking time to study at Leiden University in Leiden, Netherlands. This book talks about acts that can violate laws which are viewed from the point of civil law. I The term "unlawrful acts" in general is very broad meaning that is if the word "law" is used in the broadest sense and the matter of legal conduct viewed from all angles. Now the act of violating the law will be discussed smply because there are consequences and solutions that are regulated by the Civil Code in the broadest sense, which includes commercial law. This needs to be stated I here, because Article 102 of the Provisional Constitution distinguishes Civil Law from Commercial Law.

scholarly journals Civil right. Special part

2019 ◽  
Author(s):  
Ольга Шаповал ◽  
Olga Shapoval ◽  
Елизавета Романова ◽  
Elizaveta Romanova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Basic Law ◽  
Special Part ◽  
Teachers And Students ◽  
The Law ◽  
Higher Educational

Civil law is one of the basic law disciplines. Traditionally this discipline is divided into General and Special parts. The book is a summary of the course of Special part of civil law, covers all topics of the discipline which is taught at the law faculties of higher educational institutions. The textbook's structure reflects the system of structure of chapters and sections of the civil code of Russian Federation. The textbook is intended for teachers and students of law faculties studying the discipline "Civil law".

scholarly journals A versenytilalmi megállapodás

2015 ◽  
Vol 12 (3-4) ◽  
pp. 20-28
Author(s):  
Alex Ember
Keyword(s):  
Geographical Area ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Employment Relationship ◽  
Financial Compensation ◽  
Time Period ◽  
The Law ◽  
Employee Needs ◽  
The Relationship

The “agreement on non-competition” is essentially the extension of the protection of the basic economic interest of the employer. While during the employment relationship several labor law provisions protect the interest of both parties, the “agreement on non-competition” is designed to protect the employer’s interests after the termination of the relationship. This means – in return for financial compensation – the former employee needs to refrain from any kind of business competition against his/her former employer. This necessarily involves financial compensation and may have several restrictions, such business or geographical area or time.   The previous Labor Code did not specify for detailed regulation of the issue and the law remained rather vague. It merely referred to the fact that parties – based on their own free will – may enter into such agreement. However the new Labor Code contains explicit regulations under title XVIII of the Act as “Particular Agreements Related to Employment”.   The “agreement on non-competition” belongs to the field of employment law. Unlike the previous Labor Code that categorized this possible agreement as of purely civil law in nature, the new Labor Code declares it to belong under the scope of the Labor Code. The previous regulation even ordered the provisions of the Civil Code to be applied to such agreements however the new legislation brought a conceptual change.   The currently effective regulation provides for a 2-year limitation on such conduct on the employee’s part that would create competition with the employer. The exact amount of the consideration payable for this obligation remains to be decided by the parties however the Labor Code suggests that it shall be based on how difficult the applied restrictions make it for the employee to find another job with his qualifications and experience. As a basic limit the law provides that the amount shall not be less than one-third of the base wage payable for the same period of time.   The “agreement on non-competition” is not to be confused with similar legal institutions. The paper points out two close similarities in the legal system. One being the employee’s obligation of confidentiality; this prevails after termination of the employment relationship as well without any time or similar restrictions and even without any financial compensation. The other one is the so called “non-compete” agreement from the field of competition law. This is applicable after takeovers where the seller shall refrain from engaging into business in the same area as the buyer.   In the field of labor law the time period for the “agreement on non-competition” is up to the agreement of the parties however the new law invokes an upper limit of two years that is following the termination of the employment relationship. This is a decrease from the previous regulation that provided for a period of three years. The agreement can be modified by the consent of both parties just like the employment contract or civil law agreements.   In case of violation of the agreement three cases are to be analyzed. The first is the case of the employee breaching the provisions of the contract. In this case the employee is liable for damages towards his/her former employer. The provisions of the new Civil Code and those of the Labor Code are to be applied to the damages. In the second case the employer may request an injunction to prohibit the employee from any conduct breaching the agreement while the third case involves the breach of the agreement on the employee’s part for which the rules of the Civil Code and the Labor Code are to be applied as well.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals TANGGUNGJAWAB NAZHIR KOPERASI SYARIAH SEBAGAI LKS PWU DALAM PENGELOLAAN WAKAF UANG MELALUI APLIKASI FINTECH

2020 ◽  
Vol 2 (2) ◽  
pp. 141-157
Author(s):  
Siti Nurhayati, Nurjamil
Keyword(s):  
Analytical Study ◽  
Field Research ◽  
Civil Code ◽  
Library Research ◽  
The Law ◽  
The City

This research was conducted to determine the form of Islamic cooperative nazhir responsibilities as PWU LKS in the management of waqf especially for a loss case in the management of waqf money. The study was a qualitative analytical study with a normative juridical approach. Data obtained through library research and field research and then analyzed qualitatively. This research was conducted in the city of Bandung, in this case the object of the study was the Sharia Cooperative that had been designated as a nazhir waqf for money by the Indonesian Waqf Board. The study concluded that if problems in the management of waqf money such as the occurrence of problematic financing or NPF, occured due to Nazir errors, either due to deliberate or negligence and / or due to non-consideration of the principle of prudence, then Nazir can be held liable according to the responsibility based on the error (based on error) on fault). This is regulated in the Civil Code (hereinafter abbreviated as the Civil Code) specifically contained in Articles 1365, 1366 and 1367. If some provisions relating to the principle of responsibility based on errors can be proven, Nazirs were required to compensate and return the endowment funds. Conversely, if the problems occured are not due to Nazir's fault, Nazir cannot be held accountable, both morally and legally. Compensation for wakaf assets shall be borne by other parties who cooperate with Nazir as stipulations regarding defaults or acts against the law stipulated in the Civil Registry   Keywords: Responsibility, Nazhir Wakaf Money, PWU LKS, Fintech

scholarly journals The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
. Yuhelson ◽  
. Maryano
Keyword(s):  
Civil Law ◽  
Secondary Data ◽  
Civil Code ◽  
Bankruptcy Law ◽  
Community Life ◽  
Legal Research ◽  
Distribution Of Wealth ◽  
Colonial Legacy ◽  
The Law ◽  
Principles Of Justice

<p>Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.</p><p>Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors <br /> <br /> <br /> <br /> <br /> <br /> </p>

scholarly journals Transfer of property based on property law rules and contract law rules under forthcoming Kosovo draft-civil code

2021 ◽  
Vol 42 (1) ◽  
pp. 151-165
Author(s):  
Haxhi Gashi ◽  
Bashkim Preteni
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
Property Law ◽  
Transfer System ◽  
Abstract System ◽  
Causal System ◽  
The Law

In most civil law jurisdictions, the contract is the most used derivative title for the transfer of ownership (movable and immovable property). Very often, the law of property and law of contract are seen as distinct and one can envisage their role from different legal perspectives. This is closely connected with the type of transfer system based on whether the (Austrian) causal system, (German) abstract system or (French) consensual system is applicable. Kosovo is in the process of civil law codification and the Kosovo Draft-Civil Code which has followed the application of the causal system of transfer of property and such an above mentioned interaction of these two branches of civil law is mandatory, and only with a common survey can the contractual transfer of property be illustrated. The aim of this paper is to focus solely on the influence of contract law rules in connection with the acquisition of ownership over movable and immovable property determined by Kosovo Draft-Civil Code.

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