scholarly journals PERBUATAN MELAWAN HUKUM TERHADAP PEMALSUAN AKTA OTENTIK YANG DILAKUKAN NOTARIS

2021 ◽  
Vol 5 (1) ◽  
pp. 36-48
Author(s):  
Wahyudin, Wahyudin, ◽  
Jarot Widya Muliawan
Keyword(s):  
Rule Of Law ◽  
Code Of Ethics ◽  
Conceptual Approach ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Approach Method ◽  
The Law ◽  
Notary Public ◽  
Collection Methods ◽  
Secondary Materials

AbstractThis research uses the Conceptual Approach Method and the Law Approach Method, on Normative Juridical Analysis by combining two data collection methods, namely Studying the Law and Examining library materials or secondary materials which are then analyzed using the Qualitative Analysis Method.The research results show that the notary can only (legally / in accordance with the rule of law) be a suspect if the notary intentionally keeps making a fake deed as requested by the tapper, even though he knows that the parties do not meet the legal requirements of the engagement. This shows that the notary does not strictly adhere to the Law on Notary Position (UUJN) and the Notary Professional Code of Ethics. Where it can lead to a notary public criminal act of forgery of authentic letters / deeds.The position of a Notary is held or its presence is desired by the laws and regulations with the intention of helping and serving people who need authentic written evidence regarding circumstances of events or legal actions of direct involvement by the parties facing them. However, in carrying out his profession, the police law apparatus is often summoned as a suspect in connection with the forgery of authentic deeds he has made. Thus, it is deemed necessary to know the Normative Juridical Analysis of Authentic Deed Falsification Conducted by Notaries. Keywords: Notary, Authentic Deed Falsification, Suspect. AbstrakPenelitian ini menggunakan Metode Pendekatan Konseptual dan Metode Pendekatan Undang-Undang, tentang Analisis Yuridis Normatif dengan cara menggabungkan dua metode pengumpulan data yaitu Menelaah Undang-Undang dan Meneliti bahan pustaka atau bahan sekunder yang Kemudian dianalisa dengan Metode Analisis Kualitatif.Hasil Penelitian menunjukkan bahwa notaris hanya dapat (legal/sesuai dengan aturan hukum) dijadikan sebagai tersangka apabila notaris tersebut dengan sengaja tetap membuat akta palsu sesuai yang diminta oleh penghadap, padahal ia mengetahui bahwa para pihak penghadap tersebut tidak memenuhi syarat-syarat sahnya perikatan. Hal ini menunjukkan bahwa notaris tersebut tidak berpegang teguh pada Undang-Undang Jabatan Notaris (UUJN) dan Kode Etik Profesi Notaris. Dimana dapat menjerumuskan notaris mengarah pada tindak pidana pemalsuan surat/akta otentik.Jabatan Notaris diadakan atau kehadirannya dikehendaki oleh Peraturan Perundang- undangan dengan maksud untuk membantu dan melayani masyarakat yang membutuhkan alat bukti tertulis yang bersifat otentik, mengenai keadaan peristiwa atau perbuatan hukum atas keterlibatan langsung oleh para pihak yang menghadap. Namun demikian Notaris dalam menjalankan profesinya tidak jarang dipanggil oleh pihak aparat hukum kepolisian sebagai tersangka Sehubungan dengan pemalsuan akta otentik yang dibuatnya. Sehingga, dipandang perlu untuk mengetahui Analisis Yuridis Normatif Terhadap Pemalsuan Akta Otentik Yang Dilakukan Oleh Notaris. Kata kunci: Notaris, Pemalsuan Akta Otentik, Tersangka.

scholarly journals THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA

2019 ◽  
Vol 4 (2) ◽  
pp. 226
Author(s):  
Islamiyati Islamiyati ◽  
Ahmad Rofiq ◽  
Ro’fah Setyowati ◽  
Dewi Padusi Daengmuri
Keyword(s):  
Dispute Resolution ◽  
Rule Of Law ◽  
National Development ◽  
Field Research ◽  
Legal Reform ◽  
Cultural Development ◽  
The Rule Of Law ◽  
Approach Method ◽  
The Media ◽  
The Law

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of  waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of  the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes  the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf  meaningful in the society. The legal reform  of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.

scholarly journals Sengketa Perjanjian Jual Beli Tanah Dalam Perkembangan Hukum Perjanjian Nasional: Perspektif Hakim

2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Jafar Chan ◽  
Fauzie Yusuf Hasibuan
Keyword(s):  
Rule Of Law ◽  
Contract Law ◽  
Positive Contribution ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Development ◽  
Land Dispute ◽  
Dynamic Development ◽  
The Law

This research about the discovery of the law by the judge as stipulated in the rulings, particularly in the purchase agreement of land dispute has spawned some of the rules of law as well as annotation of the dedsion which not only applies to the parties that the litigants,but the rule of law and annotations such decision has contributed to the development of na- tional contract law. This research using descriptive analytic conceptual approach for the rule of law is derived from the discovery of the law by judges and the rule of law was raised surface and serve as the rule of law which further guidance in terms of buying and selling land, espedally customary land.Implementation of the discovery of the law by the judge has given a positive contribution to the development of national legal development, particularly for the development of contract law that con- tinues to evolve with the dynamic development of sodety. <br />Keywords: Purchase agreement, discovery of the law, national contract law <br /><br />

scholarly journals Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 195
Author(s):  
Putri Nofita S Nofita S ◽  
Munsharif Abdul Chalim ◽  
Setyawati Setyawati
Keyword(s):  
Data Analysis ◽  
Rule Of Law ◽  
Ethical Behavior ◽  
Code Of Ethics ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Notary Public

The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN. 

scholarly journals Pertanggung Jawaban Notaris Berkenaan Dengan Kebenaran Substansi Akta Otentik

Rechtidee ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 267
Author(s):  
Wayan Paramarta Jaya
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Code Of Ethics ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Purpose ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Legal Consequences

<p>Notary as a position has its own authority which is regulated with the rule of law to make an authAentic deed. This authority is described in Article 15 of Law Number 2 Year 2014 as amendments from UUJN. However, this authority is unperfect due to not arranged authority to Notary's for investigation, so the notary is unable to investigate the thruth of material document data fom confrontist is true or not. Condition like that often drag the Notary into legal issues in both criminal and civil problems. The purpose of this thesis research is divided into two, that is general purpose of an academic and special purpose is to examine and analyze how the notary accountability in making authentic deeds and to know and understand the legal consequences of authentic deeds made by the notary when the parties provide false data. This study is a normative juridical research using statute approach and conceptual approach. Based on the analysis of legal material obtained, basically a notary has responsibility for the formalities of an authentic deed and has no responsibility for the material of the contents the authentic deed except in the<em> relass </em>deed. Notaries can be requested of accountability if the Notary is proven to have committed administrative, civil and criminal violations. Notary must be responsible in terms of Administrative Law, Civil Law, that is in accordance with the provisions of sanctions contained in Article 84 and 85 on Amendment of UUJN and code of ethics, but in UUJN and UUJN Change Law does not regulate the existence of criminal sanctions. Notary cant be sought for criminal liability if there is a loss to one of the parties as a result of false documents from another party, since the notary only records what the parties have submitted to the deed. Such false statements shall be the responsibility of the parties, not the responsibility of the notary, unless such fraud or deceit originates from the Notary itself, a notary may be sought for criminal responsibility in accordance with article 263, 264, 266 of the Criminal Code.</p>

scholarly journals EMPIRIC DEMOCRACY AND THE REFERENCE OF POLITICAL PARTIES IN SINGLE CANDIDATE ELECTIONS

2021 ◽  
Vol 8 (1) ◽  
pp. 130
Author(s):  
Sulistyowati Sulistyowati
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Legal Process ◽  
Dynamic Changes ◽  
The Rule Of Law ◽  
Approach Method ◽  
The Law ◽  
The Government

The dynamic changes in the Law on Election for Governors, Regents, and Mayors prove that there are dynamics and progressiveness in the implementation of Pilkada. The process of the birth of laws, including the process of the birth of amendments to the Law, is a legal political process. The legal political process is under the authority of the legislator. The approach method used is normative juridical method. The power of legislators in the political and legal process is not absolute, because the government also has a domain of authority, although not as big as the authority of legislators. The result states that The legal political process always rests on the principle of normative democracy as the embodiment of the das sollen principle. At the level of implementation of the rule of law, there will always be legal anomalies, because there is a mismatch between normative democracy as the embodiment of the basic principle with empirical democracy as the embodiment of the basic sein principle. The legitimacy of a single candidate in Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors makes the preferences of political parties increasingly pragmatism.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

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