Abstract The purpose of this study is to analyze the legal considerations of the judge in the settlement of rights over public facility land based on the decision of the Sibolga District Court No. 20/Pdt.G/2013/PN.SBG. and analyze the legal consequences arising from the judge's decision. This research method uses normative juridical legal research and uses a regulatory approach and a contextual…
The writing of this thesis is motivated because in practice there is often a legal smuggling of transferring ownership of subsidized mortgages that have only been occupied by debtors for a period of less than 5 years. This is contrary to the provisions of Article 22 paragraph (3) letter b of Permen PUPR No. 35 of 2021. This study aims to determine the role of the Notary and the characteristics …
Currently, the role of a notary/PPAT covers various things, the public's need for the function of a Notary/PPAT in daily life has spread to various aspects of life, such as financing matters involving banking and requiring mortgage guarantees as the basis for guaranteeing someone's financing loan. This research aims to analyze, find out and understand how the Notary/PPAT's authority regulates t…
The reading of the deed by the Notary is a must in making an authentic deed, the reading of the deed is part of the verlijden or inauguration of the deed. In practice, the Notary overrides the process of reading the deed when formalizing the authentic deed he made, even though this can have legal consequences for the deed, namely causing losses to the parties, especially for the faces and intru…
Digital transformation in land services has become an urgent need amidst the advancement of information technology. This study aims to analyse the implementation and legal protection for land rights holders in electronic-based land registration in Palembang City. The research method used is normative-empirical juridical with a qualitative approach. The results show that the implementation of el…
The role of a notary is closely related to the banking sector and ideally should always be present in every credit agreement to guarantee and provide certainty of such agreements. In distributing credit to gain profit, banks must ensure that the credit extended will be repaid and not become non-performing loans. However, in fact, in the field, nearly 70% of banking credit agreements, especially…
Land acquisition for coal mining activities by state-owned enterprises (BUMN) cannot be categorized as public interest, so its implementation is business to business based on civil law in the form of purchase agreements. In practice, it is carried out through a statement of release of rights (Surat Pernyataan Pelepasan Hak/ SPPHT) made before a district head. However, it creates legal uncertain…
Complete Systematic Land Registration (PTSL) is a national strategic program that aims to provide legal certainty for land ownership rights for all Indonesian people. In its implementation, PTSL is not only related to land administration aspects, but also has implications for taxation aspects, especially Land and Building Rights Acquisition Fees (BPHTB). This study aims to analyze the implement…
A Franchise agreement is stated in the form of a written agreement containing several standard clausa and additional that have been previously discussed between the two parties. It is reasonable to suspect that this standard agreement will not be able to provide an adequate sense of justice for the party in a weak position. In a contract, the equality of the parties must be considered, if the e…
Notaris merupakan pejabat umum yang berwenang membuat akta autentik, namun notaris memiliki batasan kewenangan yaitu tidak diperkenankan membuat akta untuk dirinya sendiri, istri/suami, maupun orang lain yang mempunyai hubungan kekeluargaan dengan notaris baik karena perkawinan maupun hubungan darah dalam garis keturunan. Larangan notaris membuat akta pengoperan hak terkait hubungan kekeluargaa…
Dalam praktik peralihan kredit bank, Notaris sebagai pejabat publik memiliki peran krusial dalam memastikan keabsahan dokumen perjanjian serta perlindungan hukum bagi debitur dan kreditur. Namun, ketidakkonsistenan penerapan hukum dan potensi sengketa sering muncul akibat tidak dilibatkannya pihak-pihak terkait, seperti kreditur awal, dalam proses peralihan. Penelitian ini bertujuan menganalisi…
Legal protection of absentee land ownership rights obtained through inheritance is an important issue in agrarian law in Indonesia. The background of this study focuses on the challenges faced by heirs of absentee land, including domicile responsibilities and management of unproductive land. This study aims to understand the legal status of absentee land ownership and the protection provided to…
Law Number 1 of 2022 concerning Financial Relations between Central Government and Regional Governments amend the provisions on the due date of Acquisition fee Rights to Land and Buildings (BPHTB in Indonesia). The previous due date for BPHTB was at the time the deed was made and signed, now it is at the time the Sale and Purchase Agreement Deed (PPJB in Indonesia) is made and signed. The deter…
Land and Building Acquisition Fee (BPHTB) is a tax that is attached to land and/or buildings when a right is acquired. Notaries/Conveyancers have an important role in the transfer of land rights as parties appointed by the National Land Agency of the Republic of Indonesia (BPN - Badan Pertanahan Nasional) to assist in the implementation of land registration. BPHTB, which in its payment adopts a…
In order to be appointed as a Notary Pulic, a Notary candidate has to fulfil the requirements of being a Notary Public specified as follows: undertaking an internship as regulated in the Article 3 letter f of the Act of Notary Position (UUJN), and to be permitted to do an internship the notary candidate must be a graduate of a law school (faculty of law), taking notarial education at a speciali…
Notaris dalam melaksanakan jabatannya, apabila mendapatkan sanksi administratif dari Majelis Pengawas berhak mengajukan upaya hukum administratif. Upaya hukum administratif tersebut diatur di dalam UUJN dan Permenkumham, terhadap Keputusan Majelis Pengawas Pusat terkait pengusulan pemberhentian secara tidak terhormat kepada Menteri. Menteri diberikan jangka waktu 30 hari untuk mengesahkan Keput…
This research aims to explain how the strength of proving a notary deed whose face is incompetent after signing the deed and to analyze how the legal settlement of a notary deed whose face is declared incompetent in the future. Research Approach used Statutory Approach (Statute Approach), Conceptual Approach (Conceptual Approach), Case Approach (Case Approach). The results of this research expl…
Land in human life has a very important role as it has economic value for human life and can produce natural resources for many people. The use of this land is fundamentally regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states: "The land, water and natural resources contained therein are controlled by the state and used for the greatest prosp…
A foundation is a legal entity that has special privileges because it carrics out social business activities and does not prioritize profit as the purpose of its establishment. The enactment of Law Number. 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations reconstructs the legal status of Foundations whose Articles of Association have never been registered to the D…
Tujuan penelitian adalah untuk mengetahui dan menganalisis proses kebijakan pembuatan akta secara digitalisasi dan untuk mengetahui juga menganalisis tanggung jawab notaris terhadap penyimpanan minuta akta secara digitalisasi. Penelitian ini menggunakan metode normatif dengan menggunakan pendekatan perundang-undangan, konseptual, karya ilmiah, kasus, buku-buku serta jurnal yang berkaitan dengan…
Pejabat Pembuat Akta Tanah Sementara (PPATS) adalah pejabat pemerintah yang ditunjuk karena jabatannya untuk melaksanakan tugas PPAT dengan membuat akta PPAT di daerah yang belum cukup terdapat PPAT. Tesis ini membahas tentang bagaimana pertanggungjawaban hukum PPATS dalam pembuatan Akta Jual Beli (AJB) yang mengandung keterangan palsu dan akibat hukum terhadap PPATS, para pihak dan AJB yang di…
In several transactions in Indonesia, an authentic deed is required which can be used as proof. The provisions of article 16 paragraph (1) letter b UUJN where the Notary is obliged to make minutes of the deed and save it as part of the notarial protocol is an implementation of the words "save the deed" from the provisions of Article 15 paragraph (1) UUJN. The research is related and focuses its…
A notary is a public official who is authorized to make authentic deeds and has other authorities as referred in Law Number. 2 of 1024 concerning the Position of Notaries. In carrying out thier position as a public official, it is not uncommon for a notary with parties who have a relationship with the deed made by the notary due to abuse of authority. A notary can be sued in court for the deed …
The thesis entitled: Civil Liability of Land Deed Making Officials for Sale and Purchase Deeds Made Without the Owner's Knowing and There is Engineering by the Buyer (CASE STUDY Number. 3507 K / Pdt / 2023) written by M Alzohir Aji Rimansyah is in the background by One of the parties involved in land transactions is the Land Deed Making Official (PPAT), who is given the authority make authentic…
Seiring perkembangan era modernisasi, mendorong pemerintah untuk meningkatkan pelayanan kepada masyarakat dengan cara memanfaatkan teknologi informasi dan komunikasi. Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional (Kementerian ATR/BPN), menyediakan layanan pertahanan berbasis elektronik. Menggeser sistem pendaftaran tanah yang sebelumnya merupakan proses berbasis kertas (konvensio…
A notary is a public official who is given a mandate by the State to have the task, obligation and authority to help the general public provide legal services in the civil sector. Along with the rapid advancement of technology, the notary profession is required to be able to utilize it in providing services using information technology or better known as cyber notary. The concept of cyber notar…
In practice,it is still common for credit agreement deeds to be signed without being done before a Notary, which is clearly contrary to the Law. The purpose of this study was to analyze the obligations of the parties to sign a credit agreement deed before a Notary. To find out the legal protection for creditors ig the agreement is not signed before a Notary. In addition, to analyze the legal sa…
Notaries as public officials who are authorized to make authentic deeds have an important role in ensuring legal certainty. Notaries in carrying out their duties and positions must work professionally and uphold the applicable norms and regulations and will not be separated from the notary code of ethics. In this increasingly modern era, the need for notaries is also increasing and of course bu…
As public officials, notaries are required to perform their duties in accordance with the applicable code of ethics and regulations. However, in practice, various violations that have the potential to harm society still occur. This study aims to analyze the examination procedures for notaries who violate the code of ethics, particularly those who have been subjected to criminal sanctions. Addit…
One example of a legal product from a Notary is the deed of establishment of a Limited Liability Company. A Limited Liability Company as a legal entity, of course, has the Company's organs consisting of the General Meeting of Shareholders (GMS), the Board of Directors, and the Commissioners. The Board of Directors in carrying out their roles is certainly limited by the term of office stipulated…