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As a public official, a Notary is obliged to preserve the evidentiary authenticity, integrity, and originality of notarial deeds in accordance with the Notarial Protocol, which constitutes part of the state archives. Notarial Protocols that are defective, damaged, or even lost as a result of force majeure events give rise to legal issues concerning the liability of the Notary and the legal prot…
This thesis examines the responsibilities of a Substitute Notary as an official authorized to issue authentic deeds based on the Notary Law (UUJN). The existence of a Substitute Notary aims to maintain the continuity of notarial services when the definitive Notary is unable to do so due to leave, illness, or other legitimate reasons. However, the provisions of Article 33 paragraph (1) of the UU…
Tesis ini meneliti tentang pengikatan jual beli hak atas tanah yang didasari dengan perjanjian utang piutang, dengan disertakan jaminan serta menjanjikan jaminan utang piutang akan dikembalikan saat setelah terjadinya pelunasan utangnya, atau biasa disebut dengan jual beli hak atas tanah dengan hak membeli kembali. Permasalahan dalam tesis ini mengenai bagaimana akibat hukum perjanjian pengikat…
Salah satu upaya pencegahan Tindak Pidana Pencucian Uang (TPPU), korupsi, manipulasi pajak, transaksi narkoba sampai Tindak Pidana Pendanaan Terorisme (TPPT) serta kejahatan keuangan lainnya yang merugikan negara Indonesia maka dikeluarkan Perpres Nomor 13 Tahun 2018 untuk mengakomodir atau sebagai payung hukum dengan langkah awal menginventarisasi dan mentertibkan administrasi pendirian dan pe…
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…
Trade agreement, whether directly or not is related to the national development in Indonesia. National development is the effort of development continuity which covers all aspect of social life, nation and State to manifest the national objection as it is stated in the preamble of the 1945 constitution; protect all the people of Indonesia and their entire indigenous land, in order to improve th…
ABSTRACT Notaries in providing assistance or services to banks in practice can commit negligence that can result in losses to the bank. Negligence committed by a notary, among others, can occur in the binding of collateral in a credit agreement. The purpose of this research is to analyze the process related to the notary over the occurrence of fictitious credit between the creditor and debtor a…
Sidik jari sejatinya memiliki kedudukan yang penting dalam proses pembuatan akta notaris karena berfungsi sebagai pembuktian lahiriah bagi akta, dan sebagai bukti identifikasi diri dari penghadap bahwa ia benar-benar hadir dan menandatangani langsung minuta akta. Tujuan penelitian ini adalah untuk menganalisis kesahan akta notaris yang tidak dilakukannya pembubuhan sidik jari oleh penghadap yan…
The Mortgage Rights certification process takes time, while the debtor requires earlier disbursement of the credit facility, and therefore the Notary/PPAT makes a cover note as a guarantee to the creditor that the mortgage registration process at the Land Office is being carried out and the Mortgage Rights Certificate as soon as possible after issuance will be submitted to the creditor. This re…
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 …
The release of land rights is an activity of releasing the legal relationship between the land holder and the land they possess. This study discusses the regulation of new land release deeds above the Right to Build owned by legal entities, a study on release deed as the basis for new land rights application above the expired Right to Build, and the legal regulations on releasing land possessio…
ABSTRACT Notary in carrying out his position as a public official who has the authority to make authentic deeds cannot be separated from problems regarding making authentic deeds, as well as interested parties in making authentic deeds. In this case, the parties giving false information to the Notary when making an authentic deed which causes problems. Therefore, the Notary must protect themsel…
Legal protection is defined as law that provides protection and determines human behavior in society. A public official notary has the authority to make deeds, has the authority to make authentic deeds of all deeds required by Indonesian laws and regulations. Shareholders are people, companies, or institutions who own at least one share of a company or mutual fund. E-commerce can be defined as …
Perkembangan iImu pengetahuan dan teknologi di Indonesia semakin pesat seiring dengan berkembangan zaman serta dinamika nasional. Transaksi online tidak ada batasnya, cukup gunakan smartphone atau komputer yang terhubung dengan internet sehingga semua orang bisa mencari dan menemukan apa yang diinginkannya. Dalam proses transaksi elektronik yang melibatkan notaris, terlihat dari penjelasan Pasa…
A notary as a public official is an official who is given a task to make an authentic deed. However, notaries do not carry out their profession, rarely summoned by the police for participating in the forgery of authentic deeds. In this case, the Notary participated together with the seller in falsifying the power of attorney deed to sell land. So, it is deemed necessary to know the Legal Respon…
The Notary Protocol is a collection of documents which constitute the State Archives which must be kept and maintained by the Notary. Notaries also have the obligation to make a Deed in the form of Deed Minutes and save it as part of the Notarial Protocol. "Make a Deed in the form of Deed Minutes and save it as part of the Notary Protocol". A Notary's responsibilities while serving are also rel…
Article 22 of Regulation of Minister of Law and Human Rights No. 5 of 2020 explains that legal facts examination on allegation of Notary violation from public reports, shall be implemented based on final court decisions. There were several cases where Regional Supervisory Council provided recommendations to Local Supervisory Council based on reports from public on Notaries, during judicial proc…
THE ROLE OF NOTARIES/PPAT WHO ACT AS INTERMEDIARIES IN RELATED TO THE SALE AND PURCHASE OF LAND (Case Study of Decision Number. 98 PK/Pid.Sus/2009) Notaries as public officials are authorized to make authentic deeds and other authorities in carrying out their duties. It is undeniable that along with the development of the times, notaries have an increasingly important role in every legal relati…
Notaris merupakan pejabat umum yang memiliki tanggung jawab untuk menjalankan jabatannya sesuai dengan ketentuan peraturan perundang-undangan. Salah satu kewajiban notaris adalah tetap aktif menjalankan tugas jabatannya kecuali dalam kondisi tertentu yang diizinkan secara hukum, salah satunya melalui mekanisme cuti. Namun, dalam praktiknya, terdapat notaris yang meninggalkan jabatannya tanpa me…
Article 66 UUJN has often been requested to the Constitutional Court to change the phrase "...with the approval of the notary honorary council" but the Constitutional Court did not grant the request with more important considerations and reasons. However, in the field, procedural errors often occur such as in Case Number 11/Pdt.G/2017/PN Mtw where notary Rudi Birowo gave testimony without prior…
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…
This study aims to determine and analyze violations of the contents of the patent license agreement committed by licensees. In addition, to analyze the role of the notary in making a license agreement. This research is a normative legal research. The approach used in this research is a statutory approach as well as a conceptual approach. The results of this study indicate that the law has regul…
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…