scholarly journals Tanggung Jawab Notaris atas Pemalsuan yang Dilakukan oleh Klien dalam Proses Pembuatan Akta

2020 ◽  
Vol 2 (3) ◽  
pp. 583-596
Author(s):  
Ayu Rizkie ◽  
Muhammad Arifin ◽  
Ramlan Ramlan
Keyword(s):  
Criminal Liability ◽  
District Court ◽  
Public Official ◽  
Notary Public ◽  
Legal Consequences

Notary is a public official who is authorized to make an authentic deed whose authority has been determined by law, in fact there are not a few notaries who commit violations or crimes in making a deed so as to result in the emergence of criminal acts, it can be seen in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, in this case the notary public commits an act of forgery so that the notary is liable to criminal liability against him. This writing aims to review and analyze the legal consequences of the deed which in the process of making that contain elements of forgery and analyze criminal liability against a notary in the Padang District Court's decision No. 535 / Pid.B / 2013 / PN.Pdg. the results of this paper show that the legal consequences of the deed which in the process of making it contain elements of forgery can be canceled, the cancellation of a deed is a sanction against legal actions that contain elements of juridical defects (causes of cancellation) and also has no legal consequences since the cancellation of parties referred to in the deed. The criminal liability against the notary public in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, has fulfilled both elements in terms of the ability to be responsible and errors, and the absence of forgiving reasons, all three elements have been fulfilled so that the legal notary as the defendant can be held liable for criminal action against him.

scholarly journals Legalitas Peresmian Akta Notaris Berbasis Cyber Notary Melalui Media Konferensi Zoom

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 185
Author(s):  
I Dewa Gede Cahaya Dita Darmaangga ◽  
I Dewa Ayu Dwi Mayasari
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Civil Code ◽  
Public Official ◽  
Legal Research ◽  
The World ◽  
Result Show ◽  
Notary Public ◽  
Legal Concepts ◽  
Legal Consequences

This study aims to find out about the legality of the inauguration of cyber-based notary deeds through the Zoom Conference media and the legal consequences of notarial deeds inaugurating the Zoom Conference media. The research method used is normative legal research methods that use a statutory approach and analysis of legal concepts based on primary and secondary legal materials. The study result show that according to Article 1868 of the Civil Code stipulates that the making of an authentic deeds is made is the presence of an authorized public official. Homeever, when referring to the explanation of Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary Public, there is no clarity regarding the explanation regarding electronic certification (cyber notary) whether tappers must remain physically present in front of a notary or may not ignore it virtually. Regarding the inauguration of deeds through the Zoom Conference media, its is necessary to have clearer regulations regarding the concept of cyber notary in the world of notary so that notaries can carry out their duties without violating laws and regulations. The concept of cyber notary, in the inauguration of the deed, it is felt that there is a need for regulations that clearly regulate how the terms or conditions in the inauguration of authentic deeds/notaries are carried out using the concept of cyber notary, one of which is the Zoom Cenference media.   Studi ini bertujuan untuk mengetahui mengenai legalitas peresmian akta Notaris berbasis cyber notary melalui media Konferensi Zoom dan akibat hukum peresmian akta otaris dilakukan dengan media Konferensi Zoom. Metode penelitian yang digunakan yaitu dengan metode penelitian hukum normatif yang menggunakan pendekatan perundang-undangan serta analisis konsep hukum dengan bersumber pada bahan-bahan hukum primer maupun sekunder. Hasil studi menunjukan bahwa menurut Pasal 1868 KUHPerdata menentukan mengenai pembuatan akta otentik tersebut dibuat dihadapan pejabat umum yang berwenang. Tetapi apabila merujuk terhadap penjelasan Pasal 15 ayat (3) Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris tidak ada kejelasan mengenai penjelasan mengenai sertifikasi elektronik (cyber notary) apakah para penghadap harus tetap hadir secara fisik dihadapan notaris ataukah boleh tidak melaikan secara virtual. Terkait dengan peresmian akta melalui media Konferensi Zoom maka diperlukan adanya pengaturan lebih jelas mengenai konsep cyber notary dalam dunia kenotariatan agar notaris dapat menjalankan tugas jabatannya tanpa menyalahi undang-undang dan peraturan perundang-undangan. Konsep cyber notary ini dalam peresmian akta dirasa perlunya ada pengaturan yang mengatur dengan jelas bagaimana ketentuan atau syarat dalam peresmian akta autentik/notaris yang dilakukan dengan menggunakan konsep cyber notary salah satunya adalah media Konferensi Zoom.

scholarly journals Case Study of False Statement in Notarial Deed in the Perspective of the Law on Notary Position

2019 ◽  
Vol 6 (2) ◽  
pp. 524
Author(s):  
Annisa Khairul ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Criminal Liability ◽  
Field Studies ◽  
Criminal Code ◽  
Public Official ◽  
False Statement ◽  
Complete Proof ◽  
Injured Party ◽  
The Law ◽  
Legal Consequences

A notary is assigned as a general official who makes a deed in which the deed issued by the notary is a perfect, strongest, and most complete proof that can guarantee legal certainty. Therefore, a notary must carry out his/her position in accordance with his/her authority as a public official as stipulated in the Law. This thesis applies a normative juridical approach and uses data sources which include primary, secondary and tertiary legal materials obtained through literature and field studies using interview guideline and field observation. The research that had been conducted found that the legal consequences for notarial deed containing false statements from appearers are that the party who feels disadvantaged by the existence of the deed can file a lawsuit in a civil court so the judge can decide to cancel the deed. Thus, the deed no longer has legal force because it has been declared legally flawed and null and void by law. The notary’s liability for the deed containing the false statement from appearer is in terms of administrative liability, civil liability, and criminal liability. The form of criminal sanction imposed on the appearer who gave a false statement for the authentic deed to the notary is that the appearer will be threatened with punishment in accordance with the provisions of Article 266 paragraph (1) of the Criminal Code; thus, the appearer deserves to be given a prison sentence. In addition, the form of civil sanction imposed on the appearer who gives false statements for authentic deeds to notaries is in the form of giving compensation to the injured party.

scholarly journals PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 259
Author(s):  
Faizal Indra Nor Cahyo ◽  
Gunarto Gunarto
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Public Official ◽  
Purchase Price ◽  
Prospective Buyer ◽  
Approach Method ◽  
Notary Public ◽  
Legal Consequences ◽  
Binding Agreement

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.

scholarly journals Legal Analysis on Status as A Co-Defendant Notary in Dispute of Gather Treasure (Case Study in The Court of Ungaran District No: 105 / Pdt.G / 2016 / PN.Unr)

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 291
Author(s):  
Rudy Iskandar Ichlas ◽  
Akhmad Khisni
Keyword(s):  
Civil Law ◽  
The Other ◽  
Public Official ◽  
Private Law ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Notary Public ◽  
Principle Of Legality ◽  
Legal Consequences

Authentic Deed is not solely determined by the law but must also be made before a public official even though the parties have signed. Pernasalahan formulation of this research: 1. How plaintiff legal reasons related to the notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr ?, 2. What legal consequences for the Notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr. In conclusion: 1). Position Anief Ratnawati, SH, Notary / PPAT in Ungaran as Co-Defendant extremely detrimental due to the lack of legal certainty as Co-Defendant and One goal (error in persona). Hence proved their obscuur libel and Error In Persona judge shall include in its decision to declare the judgment can not receive (NO: Niet ontvankelijk verklaard) lawsuit plaintiffs, 2). Anief Ratnawati, SH. as a Notary Public who is drawn into the dispute be imprecise Co-Defendant not authorized in terms of time (Onbevoegdheid ratione Temporis) and violates the principle of legality and the principles of civil law as private law. On the other hand the plaintiff proved to be an inheritance dispute within the competence of religious courtsKeywords: Legal Analysis; Notary; Co-defendant; Dispute; Gather Treasure.

scholarly journals Kewajiban Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Pada Orang Tidak Mampu

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 446
Author(s):  
Claudia Verena Maudy Sridana ◽  
I Ketut Westra
Keyword(s):  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Legal Assistance ◽  
Literature Study ◽  
Legal Research ◽  
The Social ◽  
Notary Public ◽  
Legal Consequences

As a public official who works as a notary public has the authority to be able to make an authentic deed. As a notary in carrying out his commitment to make an authentic deed, the Notary gets approval to provide his services for free or voluntarily to people who are not capable in the financial field. How can you ask for legal assistance by a notary in the free notary area for people who can't afford it? Problems related to legal notifications to notaries who refuse to provide legal assistance in the field of notary to those who are unable? The purpose of the discussion is to analyze and discuss the request for legal assistance by a notary in the notary sector not providing legal assistance in the notary sector for people who cannot afford. This research uses empirical legal research methods, primary data and secondary data obtained were analyzed qualitatively and arranged systematically, which was collected by literature study and interview techniques. The conclusion of this research is the notary in providing his services without collecting honorariums is not only given to people who can not afford it, but notaries can provide free services to those who want to make a foundation or activities in the social, social and dialogue. The legal consequences of notaries who are reluctant to provide legal assistance to people who are not in accordance with the provisions of the sanctions provided for in Article 37 paragraph (2) of the UUJN are also in accordance with the provisions in the Code of Ethics I.N.I.

scholarly journals The Judge’s Dedecision on the Cancellation of Notarial Deed as a Proof Tool in Padang State Court

2020 ◽  
Vol 5 (9) ◽  
pp. 337-342
Author(s):  
Muhammad Al Hafez ◽  
Elwi Danil ◽  
Muhammad Hasbi
Keyword(s):  
Legal History ◽  
District Court ◽  
State Court ◽  
Court Decisions ◽  
Legal Principles ◽  
Normative Approach ◽  
Illegal Acts ◽  
The Law ◽  
Notary Public ◽  
Legal Consequences

The cancellation of the authentic deed that can be carried out by the judge, if the authentic deed does not meet the requirements stipulated by the law and the subjective or objective requirements are not fulfilled. This study analyzes the judge's decision on the cancellation of the notary deed as evidence in the Padang District Court which aims to find out how the Judge's consideration in making the decision to cancel the notary deed as evidence in the Padang District Court and the legal consequences for the deed being canceled through the Padang District Court decision. This study uses a juridical normative approach, which is a study that aims to examine legal principles, legal systematics, legal history and comparative law. According to the provisions of Law Number 2 of 2014 concerning the Position of Notary in Article 84, if there is a case that is brought before a judge in which the material of the lawsuit is regarding the notary's actions which have violated the provisions of that article, the judge must test the formal strength of proof against the authentic deed. The decision of the Padang District Court number 127 / Pdt.G / 2015 / PN.Pdg which declared the legal invalidation of Satria Tama's notary deed on July 19, 2012 deed number 272/2012 2012 because it was made on land that was in progress or was complaining in Court. So that the results of the research on the consideration of the judge's decision on the cancellation of a notary deed which is used as evidence in Court, are errors in the deed-making process that are not in accordance with the law, illegal acts committed by notaries and parties to the parties, errors in the contents of notary deeds, form of deeds notary public, and typographical errors in the copy of the notary deed. The legal consequences for notarial deeds that are canceled by court decisions are null and void, can be canceled, and the power of proof is degraded.

scholarly journals Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli

2020 ◽  
Vol 1 (1) ◽  
pp. 143-147
Author(s):  
Ni Kadek Sofia Septiarianti ◽  
I Nyoman Sumardika ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Code Of Ethics ◽  
Primary Data ◽  
Public Official ◽  
Criminal Sanctions ◽  
Legal Relationship ◽  
Analysis Technique ◽  
Data Source ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.

scholarly journals The Effects of Notary Code Breaking In Publication or Self Promotion in Pangkalan Bun

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 77
Author(s):  
Ismi Hardiyanti ◽  
Achmad Sulchan
Keyword(s):  
Data Analysis ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Public Official ◽  
Notary Public ◽  
Legal Consequences

The purpose of this study was to: 1) to assess and analyze the legal consequences for a notary public notary who violate the code of conduct in doing publicity or self-promotion on the base bun. 2) to assess and analyze the implementation of Effects Notary The Notary Code Breaking In Doing Publication Or Self Promotion In Pangkalan Bun.Based on the results of data analysis concluded that: 1) In the code of conduct notary was clear in saying that a notary is prohibited from publishing or self-promotion, either individually or jointly, it because may result in the authority and dignity of a notary as a public official downhill , 2) Violation of Implementation notary who violates the provisions of the code of conduct in the form of advertising self notary was his only impact on the position of the Notary as a member of the Association and no impact on the position of the notary as a public official.Key words : Notary Code of Ethics; Self Promotion; Effects.

scholarly journals The ambiguity of dismissal of notary over bankruptcy in Indonesia

2021 ◽  
Vol 29 (2) ◽  
pp. 269-285
Author(s):  
Rahayu Hartini
Keyword(s):  
Content Analysis ◽  
The Other ◽  
Public Official ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Law ◽  
Notary Public ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences

A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.

scholarly journals Notary Legal Remedies as Inside Authorities Registration and Registration of Commanditaire Vennootschap through the Administration System of Business Agencies

2021 ◽  
Vol 4 (1) ◽  
pp. 682-689
Author(s):  
Masykur Masykur ◽  
Azhari Yahya ◽  
Dahlan Dahlan
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
District Court ◽  
Public Official ◽  
Power Of Attorney ◽  
Conceptual Approach ◽  
Administration System ◽  
Legal Remedies ◽  
Notary Public ◽  
The Republic

This study aims to explain the limits and responsibilities of the position carried out by the notary in registration of Commanditaire Vennootschap (CV) online through the business entity administration system. The research method used in this research is normative juridical using a statutory and conceptual approach. The collection of research materials is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the notary was only authorized and responsible for the creation of the deed of CV. Notary cannot receive power of attorney because it contradicts the UUJN which has been stipulated authority and responsibility attached to the position of a Notary. With the enactment of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2018. Registration of CV which was previously in the District Court is delegated to the Ministry of Law and Human Rights through the online system. The entire Notary is acting as an Authorized Officer not as an authorized official, there is a prosecution of an error in the registration process, then the Notary can indirectly be presented in the trial at the Court but it must be with the permission of the Notary Honorary Council. Thus the Notary can refuse to accept power over online CV registration via SABU, because in carrying out such registration a Notary must position himself as a person not as a public official. This is because it is not regulated in Law Number 30 of 2004 concerning the Position of Notary Public. 

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