Application and Implications of Setting Up A Power of Attorney Form To Impose Dependent Rights (SKMHT) Made In Front of Notaries In Banyumas Regency

The Form of Power of Attorney to Impose Dependent Rights (SKMHT) made by notary deed is stipulated in Article 96 paragraph (1) of the Head Regulation of the National Land Agency No. 8 of 2012 and Article 38 of the Law of the Notary Department No. 2 of 2014. This research aims to analyze the arrangements on the form of SKMHT made before notaries and to analyze the application and implications of SKMHT form arrangements made before notaries in the Banyumas Regency. This research uses normative juridical research methods with a statute approach and conceptual approach. The result of the research obtained is that the form of SKMHT with the proper notarial deed is as stipulated in Article 38 UUJN number 2 of 2014. Violation of the provision causes the notary deed to be degraded as a deed under hand (Article 41 UUJN No. 2 of 2014) and implicates its dependent rights to be invalid so that the creditor does not have a position of priority or precedence to the holder (Droit de preference).Keywords: Notary Deed, Power of Attorney Imposing Mortgage Rights (SKMHT), Mortgage Rights

Legal Protection for Creditors Against Validity of Trade Binding Act with Loan Without Dependent Rights (Analysis of Verdict Number: 34/Pdt/2017/PT. YYK and Number : 214/Pdt.G/2014/PN.Jkt Sel)

Credit, which was previously considered taboo, is now a necessity in society. Everyone is looking for convenience for credit without knowing the risks and impacts that will occur in the future. The most important element of credit (debt) is the trust of the creditor towards the borrower as the debtor. Sale and Purchase Agreement (hereinafter referred to as PJB) is an agreement between a seller to sell his property to a buyer made with a notarial deed. Cases that occurred in Yogyakarta High Court Decision Number 34 / Pdt /2017/PT.YYK and District Court Decision Number 214 / Pdt, G / 2014 / PN. Jkt.Sel is a case of debt receivable with collateral for a certificate of land rights and the parties poured their agreement into the Sale and Purchase Binding Act (PPJB) and the Selling Power of Attorney, considering that after the two decisions, there was an outstanding debt problem, while the debtor was still have not been able to repay their debts to creditors, with guarantees of certificates of land rights without mortgage. The purpose of this study was to analyze the judges' consideration of the decision Number 34 / Pdt /2017/PT.YYK with Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell regarding sale and purchase agreement. analyze the legal protection for creditors against the validity of the deed of sale and purchase agreement with a loan without mortgage. analyze repayment by defaulting debtors relating to debts and loans without mortgages. The method used in this study is a normative juridical method, analyzed Normatively Qualitatively, The results of the study show that in Decision Number 34 / Pdt /2017/PT.YYK which states are null and void and do not have the power to bind an authentic deed regarding the "Purchase Bond" Number 01/2015 and authentic deed in the form of "Sales Authority" Number 02/2015 , because based on the Supreme Court Jurisprudence of the Republic of Indonesia number 275K / PDT / 2004. Whereas as a comparison for Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell, which originally had a legal relationship, that is, debt and receivables which stated that the Plaintiff was proven to have committed a default on the Defendant, stated the Purchase Binding Agreement No. 45 dated July 11, 2008 and all of its derivatives are valid and correct deeds; declare the Deed of Credit Recognition No. 46 dated July 11, 2008 and all of its derivatives are valid and correct deeds; certifies Fiduciary Deed (movable property) No. 47 dated July 11, 2008 and all of its derivatives are valid and correct deeds. Keywords: Legal Protection, Debt-Receivables, Binding Agreement of Purchase, Abuse of Circumstances.

The Role of The Notary Honorary Assembly in Law Enforcement Following The Change of Article 66 of Law No. 30 Of 2004 on Notary Positions

The role and function of the Notary has experienced very rapid progress other than because of the very high community needs but also awareness of legal certainty related to an engagement. Notaries in carrying out their duties and positions are bound by the rules of office and are also bound by a code of ethics as a guide to the behavior of the Notary profession. This supervision is carried out by institutions that have been given the mandate based on applicable laws. The data used are secondary data and primary data as a complement to secondary data. The method used in this research is the normative juridical approach. The research results obtained by the Notary Honorary Council have a role in the supervision, guidance and protection of the notary public. Enforcement of law includes the role of supervision carried out by giving approval or rejection of the summon of the Notary and photocopy of a notary deed due to a request from the investigator or judge. Keywords: Role, Notary Honor Council, Law Enforcement

Criminal Offence of Falsifying Authentic Deed In The Implementation of Notary Department

The notary in conducting his profession is not infrequently called by the police law as a suspect in connection with the forgery of the authentic deed he made, that the notary can be used as a suspect if the notary Deliberately make a false deed as requested by the parties, when the notary knows that the parties do not meet the terms of the validity of the alliance. This indicates that the notary does not cling to the notary Act (UUJN) and the notary Public Code of ethics, which resulted in a notary criminal can perform authentic acts of fraud/deed. The Notary Law (UUJN) does not formulate the application of the sanctioned sanctions but a legal action against violations committed by the notary would contain counterfeit elements of deliberate intent/omission in the creation of Authentic letter/deed whose information is false can be qualified as a criminal offence committed by the notary who describes the evidence of involvement deliberately commit the crime of counterfeit authentic deed. The research is a normative juridical study. Normative research examines and analyzes the legal norms that have been established by the competent authorities for that, so the type of research used in this research is prescriptive, namely the process to find the rules Legal, legal principles, and legal doctrines to address the issues faced. The results of this research show that the legal consequences for the notary criminal who commit the crime of authentic deed are: in terms of criminal law, the notary threatened to be sentenced to the threat of article 264 Criminal Code about the counterfeiting of authentic deed with the threat Maximum sentence of eight years in jail. In terms of civil law, notaries can be sued for damages by the parties who feel harmed. In addition, the relevant notary public may be subject to administrative sanctions from a notary Organization (THIS) in the form of: Oral strikes, written strikes, temporary dismissal, dismissal termination, disrespectful termination.Keywords: criminal acts of counterfeiting, authentic deeds, notary sanctions

The Relevance of The Notarial Deed To The Deed of The Treatise of The Auction Made by The Notary As Class Ii Auction Officials

The minutes of auction are the minutes of the auction made by the Bidding Officer which is an authentic. Deed and has perferct legal force (Explanation of Article 1 number 35 of the Minister of Finance Regulation Number 27/PMK.06/2016 concerning Bidding Immplementation Guidelines). Based on Article 15 paragraph (2) letter g of Law number 2 of 2014 concerning Position of Notary. It is explained that making the minutes of auction treaty is one of the Notary’s authorities. This means it cant be interpreted that the Auction Officer to make minutes of aution treaty. But in the implementation of the drafting of the minutes of auction there are 2 (two) ruless governing, namely the Notary, while the Auction Officer uses the Vendu Reglement reference, Stbl 1908:289, and in fact not all the Notary can make the auction treatise deed in accordance with the contents of the article, so that question artise regarding the auction treatise deed and the authentic deed make by the Notary the main issue raised in this study is how is the implementation of the authority of the Notary Public as a Class II Auction Officer in conducting the auction? And how is the relevance of the minute of the auction treaty with the Notary Public as Class II Auction Officer? Based on the result of research and conclusions that the Notary who made the auction treatise deed is the Notary in his capacity as a Class II Auction Officer who has followed the appointment process as a Class II Auction Officer, so that for the minutes of the auction tretise produced by a Notary Public in this case as a Class II Auction Officer, likened to authentic deeds as authetic deeds make by a Notaries. In the case of the making of the minutes of the auction treaty, a Notary who serves as a Class II Auction Officer needs to strongly apply the precautionary principle in making the minutes of the aution treaty, because the existing rules do not accommodate the possition of a Notary who serves as a Class II Auction Officer. Keywords: Deed of Minutes of Auction, Notary Public, Class II Auction Officer.

Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency).

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT

Acquisition Cost of Land and Building Rights Based on Buying and Selling

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

Authentication of Deed of Minutes of General Meeting of Shareholders Implemented With The Concept of Cyber Notary Reviewed From Article 16 Paragraph (1) Letter M of Law No. 2 of 2014 On Notary Department

Cyber Notary is the use or utilization of information technology such as computers, computer networks, and/or other electronic media, such as teleconferences or video conferences in carrying out the tasks of the authority of a Notary Public. This study analyzes the authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the Cyber Notary concept and the proof of the minutes of the General Meeting of Shareholders held with the concept of Cyber Notary. The research method used in this study is normative juridical. The source of legal material in this research is secondary legal material. This Legal Material Analysis Method is Normative Qualitative. Based on the results of the study found that Authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the concept of Cyber Notary can be done by means of a Notary does not need to be present during the General Meeting of Shareholders of the Cyber Notary takes place. If the Notary is present directly at the meeting then it is actually dangerous for the Notary, because in the Cyber Notary RUPS there are meeting participants who attend using teleconferences or video conferences that do not allow the Notary to get to know all meeting participants who were present at the meeting. Making Deed of Minutes of the meeting is sufficient to be made by a Notary based on the Minutes of Meeting under the hand of the authorized shareholders to the Board of Directors to be drawn up by a Notary. Keywords: Strength of Proof; GMS Deed; Cyber Notary.

The Role of The National Land Agency in Monitoring The Issuing Land Deed by The Temporary Land Deed Officer in Indramayu Regency

This study aims to analyze how the role of the National Land Agency in terms of supervision of the making of a land deed by the Acting Land Actor in the District of Indramayu. based on research that has been carried out the role of supervision carried out by the National Land Agency in Indramayu Regency contained in the regulation of the Minister of Agrarian Affairs and Spatial Planning No. 2 of 2018 concerning Supervision and Development of Land Deed Making Officials. Research shows that supervision of the Temporary Land Deed Making Officials in Indramayu Regency has not been carried out by the National Land Agency. Supervision based on Permen ATR Number 2 of 2018 namely preventive and repressive supervision. Preventive supervision is to supervise the implementation of the PPAT position while repressive supervision is carried out by enforcing the rule of law in accordance with statutory provisions in the PPAT field. Keywords: National Land Agency, supervision, PPAT

Prohibition of Price Discrimination Practice Under Law No. 5 Of 1999 On Prohibition of Monopoly Practices and Unhealthy Business Competition

In the business world, business competition or competence among business people in seizing the market is very reasonable. However, this becomes unnatural when the competition is carried out in an unfair manner, with the aim of preventing other business actors from competing (barrier to entry) or shutting down competitors' businesses. One form of anti unfair competition carried out by business actors in creating market power has been anticipated in Law Number 5 of 1999, namely the existence of price discrimination. The research method used is normative juridical, namely legal research that emphasizes the review of legal documents and library materials related to the subject matter. Based on the research that has been done, there is an Article that Regulates Regarding Price Discrimination in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is located in Article 6 which states that business actors are prohibited from making agreements that cause one buyer to pay a price that is different from the price that must be paid by other buyers for the same goods and / or services. and the Guidelines for the Business Competition Supervisory Commission on Implementation Provisions in Article 6 of Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Prohibition, Price Discrimination, Law No. 5 of 1999.