PERTANGGUNGJAWABAN PIDANA NOTARIS TERHADAP AKTA OTENTIK YANG DIBUAT TERINDIKASI PEMALSUAN

2021 ◽  
Vol 3 (1) ◽  
pp. 29-38
Author(s):  
Marchelina Rante ◽  
Hernita Matana

A notary is an authorized public official whose main obligation is to make authentic deeds based on a professional code of ethics, related to the widespread indications of forgery of the authentic deeds, of course this needs to be accounted for by the notary himself. This study aims to identify and explain the criminal liability of a Notary against an authentic deed made and indicated forgery and to find out the legal status of a deed made by a Notary that caused a dispute. The data collection carried out in this research is by interview and literature study as well as the applicable legislation. Data were analyzed descriptively qualitatively. The results of the study indicate that if the notary is proven to have falsified or falsified the authentic deed he made and caused harm to interested parties, the notary can be sentenced to criminal, civil, and administrative sanctions. The legal status of the deed that is proven to be falsified by the Notary who made it, which can be canceled, null and void, has the power of proof as an underhand deed, canceled by the parties themselves and canceled by a court decision that has permanent legal force. However, the status or position of the Notary deed can’t be carried out jointly, but only applies to one, in accordance with a permanent court decision.

2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak

The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.


2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).


2019 ◽  
Vol 2 (1) ◽  
pp. 34
Author(s):  
Dominicus Donny Pamungkas

The large number of land in DKI Jakarta province that have not yet beenregistered is a significant potential tax in increasing BPHTB tax revenue. But in its implementation, the imposition of BPHTB tax for granting new rights to this land is still experiencing obstacles. The constraints experienced are the imposition of BPHTB administrative sanctions based on the time of debt due to the signing of the BPN Decree (SK). In this case, Jakarta’s citizenas tax payers felt disadvantaged because they were subjected to administrative sanctions due to the delay in receiving the BPN Decree. Based on the results of the analysis through data collection in the field, literature study as reference material and in-depth interviews with related parties, author concluded that BPRD DKI Jakarta, DKI Jakarta Regional Office of BPN and PPAT DKI Jakarta have been cooperating well in the imposition process of BPHTB tax. But in reality, there are still problems in the case of the imposition of BPHTB administrative sanctions for granting new rights to land due to delays in receipt of SK BPN by taxpayers. To minimize this, a more comprehensive collaboration is needed between agencies, namely BPRD DKI Jakarta, Regional Office of BPN DKI Jakarta and PPAT in DKI Jakarta by conducting Collaborative Governance. With Collaborative Governance, it is expected that services to taxpayers will be better and BPHTB tax revenues in DKI Jakarta will increase.


2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.


2020 ◽  
Vol 16 (1) ◽  
pp. 38-48
Author(s):  
Oey Valentino Winata ◽  
Wisnu Aryo Dewanto

The basis for granting immunity to advocates is in Article 16 of Law No. 18 of 2003, that advocates cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith in the interests of the Client's defense in court proceedings. The immunity obtained by advocates is not only within the scope of the court, but also protects it outside the court. The immunity has been expanded based on the Constitutional Court Decision Number 26 / PUU-XI / 2013. The granting of immunity to such advocates is considered as an act that violates the provisions of Article 28 D of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to recognition, guarantee protection and fair legal certainty and equal treatment before the law. However, the right to immunity from lawsuits (immunity) to advocates does not conflict with Article 28D of the 1945 Constitution if given with limitations to advocates who are one of law enforcers in Indonesia, these restrictions apply both outside and in court proceedings. The limitation is in the form of a professional code of ethics and legislation, as well as good faith. Any action that goes beyond or beyond these three limits cannot be protected by immunity, so that if one of the three limits is exceeded, advocates can be legally processed and sentenced based on applicable regulations.Dasar pemberian imunitas kepada advokat ada pada Pasal 16 UU No. 18 Tahun 2003, bahwa advokat tidak dapat dituntut baik secara perdata maupun pidana dalam menjalankan tugas profesinya dengan iktikad baik untuk kepentingan pembelaan Klien dalam sidang pengadilan. Imunitas yang didapatkan advokat ternyata tidak hanya dalam lingkup pengadilan, tetapi juga melindunginya diluar pengadilan. Imunitas tersebut telah diperluas berdasarkan Putusan Mahkamah Konstitusi Nomor 26/PUU-XI/2013. Pemberian imunitas kepada advokat tersebut dianggap sebagai suatu perbuatan yang melanggar ketentuan Pasal 28D Undang-Undang Dasar Negara Republik Indonesia 1945, bahwa setiap orang berhak atas pengakuan, jaminan perlindungan dan kepastian hukum yang adil serta perlakuan yang sama dihadapan hukum. Tetapi hak atas kekebalan dari tuntutan hukum (imunitas) kepada advokat tersebut menjadi tidak bertentangan dengan Pasal 28D UUD 1945 apabila diberikan dengan batasan-batasan kepada advokat yang merupakan salah satu penegak hukum di Indonesia, batasan tersebut berlaku baik di luar maupun di dalam sidang pengadilan. Batasan tersebut berupa kode etik profesi dan peraturan perundang-undangan, serta iktikad baik. Setiap tindakan yang melampaui atau diluar ketiga batasan tersebut, tidak bisa dilindungi oleh imunitas, sehingga atas dilampauinya salah satu dari ketiga batasan tersebut maka advokat dapat diproses secara hukum dan dijatuhi hukuman berdasarkan peraturan yang berlaku.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 467
Author(s):  
Dina Harindra Trisnani ◽  
Umar Ma'ruf

Article 19 paragraph (3), Article 3 paragraph 8 and Article 3 number 15 in Code of Ethics of Notary is a regulation governing the signing of notarial agreement at Notary's office. However, in practice, there is a case of signing the Agreement not in the Notary’s Office. The problem formulated is how the validity of notarial agreements signed not in the Notary's office and how the supervision of Notary in the signing of notarial agreement so that it is in accordance with notarial agreement. To answer the above problems, the author used normative research methods and a research approach; legal approach, conceptual approach, case approach and practical approach. Methods of data collection research used literature study method and the data were analyzed by qualitative analysis techniques and used deductive conclusions. According to the research, the validity of Notarial Agreement signed not at the Notary office has the following criteria; firstly, notarial agreements that are signed are not in the Notary's office but are still in the Notary's territory, the agreements are valid as long as there are special reasons. Secondly, notarial agreements signed not in the Notary office and not in positions of Notary's territory but still in the Notary's office area remain valid as long as it is done not sequentially and accompanied by specific reasons. Third, the Notary who signed the agreement not in his Notary's office and outside the territory of Notary Office, the agreement becomes invalid. Notary Supervision in signing of Notary Agreement pursuant to Notary Law and Notary Code of Indonesia is done by Supervisory Notary Board. Supervision by the Notary Board is done through preventive and curative activity including development activities. Supervision by Notary Board is done in two ways, namely: active supervision which checks Notary protocol and passive supervision which checks Notary statements.Keywords: Notary; Signing Agreement; Unnotary Office.


2019 ◽  
pp. 29-35
Author(s):  
L.S. Moskovchuk

В статье рассматривается система этических ценностей, лежащих в основе краеведения. Краеведение как междисциплинарная теоретическая и практическая деятельность порождает множество этических дилемм и нуждается в этической рефлексии. Приобщение молодежи к краеведению через волонтерские проекты должно вестись с учетом специфики моральных кодексов смежных специальностей (академическая, журналистская, поисковая и др. этика), а также на основе этических принципов краеведческой деятельности. В статье обоснована применимость терминов этос и профессиональный этический кодекс по отношению к краеведению, показана этическая нагруженность краеведческой деятельности и сформулированы базовые моральные императивы. Игнорирование этической составляющей может привести к дискредитации краеведения и связанных с ним волонтерских проектов в глазах общественности и профессионалов из смежных областей.The article deals with the system of ethical values on which local history is based. Local history, as an interdisciplinary theoretical and practical activity, generates a lot of ethical dilemmas and needs ethical reflection, especially now when thanks to the development of technology local history classes become popular and accessible to many people of different ages and different levels of education. Inclusion of young people in local history through volunteer projects should be adapted to the specifics of the moral codes of related specialties (search movement, academic, journalistic, etc. ethics) and should rely on the ethical principles of local history. In the article, the applicability of the terms ethos and professional code of ethics to local history are reasoned. On the one hand, the lack of specialty like local historian and its amateur character do not allow us to speak about a professional code. On the other hand, ethical orientation and a high level of social responsibility encourage us to speak about the necessity of developing an ethical code. Thus, the axiological system of local history could be considered from the position of professional or applied ethics. At this level of the study, the author prefers to use the term ethos as a reflection of basic values and moral imperatives. Among the most typical problems a local historian may face is the conscious or unconscious violation of research ethics, disclosure of confidential information, the abuse of position and knowledge, causing damage to cultural sites out of ignorance, etc. The search movement, which pays the biggest attention to ethics because of its specificity, stands out as it has a developed ethical code unlike other types of local history. The analysis of the local history practice has allowed allocating the most typical moral dilemmas and formulating the basic moral imperatives: overcoming of globalization preservation of identity in parallel with intercultural dialogue dedication to constructive tolerance free creativity that is yet coordinated with the likeminded and is based on the ideals of scientific rationality and academic ethics protection of the interests of the society and culture and opposition to commercialization and pragmatism. Ignoring the ethical component can be the reason for discrediting local history and related volunteer projects in the eyes of the public and professionals from related sciences. The participation of local history representatives in the discussion of ethical problems in their activities will positively affect the status of local history and its institutionalization.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 343
Author(s):  
Haingo Rabanirajona

One of the important professions in society is notary. This profession is a special profession because it is a public official in carrying out its duties which is bound by juridical norms and professional code of ethics. The notary code of ethics becomes a moral principle determined by the Indonesian Notary Association (INI) which is the basis for organizing or regulating the notary professional code of ethics in relation to many parties, which of course must be obeyed or obeyed by every member who is bound or binds himself/herself in the association (organization) that. The consequences as a member of this profession must be understood by a notary, because sourced from here, the dignity of the profession can be maintained. The position of the Notary which is urgent in human life makes the process of someone who wants to become an expert notary public important. Therefore, in notarial education, notary ethics should also be considered. So in this case it is emphasized that a professional education without education on responsibility and professional ethics is not complete. In the field of law, technical skills that ignore aspects relating to the responsibilities entrusted to him and his profession in general, as well as ethical values and measurements that must serve as guidelines in carrying out his profession.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the key features of the criminal liability of judges. It has been established that the legal basis for bringing judges to criminal liability is governed by the provisions of the Law of Ukraine "On the Judicial System and the Status of Judges", the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine. It has been established that usually the illegal behavior of a judge or the irresponsibility of a judge primarily arises from the imperfection of the legislation, which regulates the main aspects of a judge's behavior in the course of his professional activities. It has been determined that, in accordance with Article 375 of the Criminal Code of Ukraine, a judge who has passed a false sentence (decision, ruling or ruling) is prosecuted and punished by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years, and In the event of grave consequences as a result of such actions of a judge or their commission for profit, for personal purposes or to create an obstacle to the legality of the journalist's professional activity, the judge is punished with imprisonment for a term of five to eight years. It has been proved that the main elements of a judge's legal status are immunity, which provide for the conduct of an independent justice. It was found that judges cannot be held accountable for their judicial decisions, except for cases when they committed a crime or disciplinary offense. It has been established that a judge can be detained on the basis of a suspicion of an act they have committed, for which it is envisaged to bring to criminal or administrative responsibility, with the exception of cases specified in the legislation. It has been determined that, on the basis of bringing a judge to criminal responsibility, he may be temporarily suspended from the administration of justice for a period of not more than two months on the basis of a petition made by the Prosecutor General of Ukraine or his deputies in accordance with the procedure established by law, while only the High Council of Justice makes a decision on the temporary suspension of a judge from administering justice. It has been proved that the court in which the judge committed a criminal offense and which is subject to criminal liability, holds or has held the office of a judge, cannot bring charges against a judge and carry out on the following grounds of justice with a judgment, except in cases determined by law. It has been determined that bringing judges to criminal responsibility is a rather difficult process, since today there are few cases in which judges were held accountable for their crimes.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 905
Author(s):  
Yuliarti Yuliarti ◽  
Amin Purnawan

Supervisory Council is an entity that has the authority to implement the guidance and supervision of a Notary. Regional Supervisory Council (MPD) is formed in the District / City to develop and supervise the notaries who have work areas Regency / City, in accordance with Article 70 UUJN.The purpose of this study was to analyze the effectiveness of the supervision of the Regional Supervisory Council and the barriers and surveillance solutions Regional Supervisory Council in an effort to increase the professionalism of a notary in Purwokerto and Purbalingga region. This study uses empirical juridical approach, whereas the method of data collection with the literature study and interviews.Results of research supervision by the MPD in Purwokerto and Purbalingga is still not effective, and can not improve the professionalism of a notary in the region of, because they found many violations of the code of conduct. Obstacles encountered MPD is a shortage of funds, lack of secretarial offices and infrastructure that support the implementation by both the duty and authority MPD limited authority and lack of legal awareness of some of the Notary. Some of the possible solutions is to build its own secretary building with the infrastructure that support the implementation of the duties and authority both MPD and monitoring internal, external, repressive and preventive.Keywords: MPD; Supervision Notary Code of Ethics Violations


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