NOTARIIL: Jurnal Kenotariatan最新文献

{"title":"LAND OWNERSHIP BASED ON NATIONAL LAND LAW IN INDONESIA","authors":"I. Sihombing","doi":"10.22225/JN.3.1.683.65-74","DOIUrl":"https://doi.org/10.22225/JN.3.1.683.65-74","url":null,"abstract":"This study examines the certainty of ownership of land rights under the national law on land in Indonesia. The study is a normative study focused on reviewing the laws governing land and ownership for Indonesian citizens and foreign nationals living in Indonesia. The approach used in this study is the conceptual and statute approach to the law. The data collected in the form of articles of law that regulate and related to land and ownership. Qualitative method is a method used in analyzing and presenting data. The results indicate that the statutory provisions are indispensable. The ownership of land rights previously adopted from the Land Law of the West is no longer applicable to date in Indonesia. The study is recommended for those interested in the system and land law investigations to be used as reference material in the theoretical and practical review of the law.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133123150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MEANING OF BANK SECRETS AFTER THE ENACMENT OF LAW NUMBER 9 OF 2017 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NO. 1 OF 2017 ON ACCESS TO FINANCIAL INFORMATION FOR THE INTERESTS TAXATION INTO LAW","authors":"Jamilatus Sholihah, D. Susanti, Ermanto Fahamsyah","doi":"10.22225/JN.3.1.639.38-46","DOIUrl":"https://doi.org/10.22225/JN.3.1.639.38-46","url":null,"abstract":"The national economic development in Indonesia is inseparable from the banking role. The existence of the stipulation of Government Regulation in Lieu of Law (PERPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes will certainly affect the regulation of the banking sector in particular related to bank secrets. The establishment of the Perpu appears to have attracted the attention of the government to immediately pass it into law. It is proven which on 23 August 2017 President Joko Widodo has authorized the Perpu to become a law through Law Number 9 of 2017 on Stipulation of Government Regulation in Lieu of Law (PERPPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes into the Law -What. The policy is a form of Indonesia's commitment to participate in the automatic exchange of information globally for tax purposes. The automatic opening of bank secrets for tax purposes will certainly affect the previous banking arrangements, especially those related to bank secrets. Therefore, in order to avoid overlapping arrangements, the state of Indonesia needs to harmonize all regulations relating to bank secrets and the opening of bank secrets for tax purposes.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126789944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ROYALTY OF INDONESIAN SONGS COPYRIGHTS AT YAYASAN KARYA CIPTA INDONESIA ISSUED BY LAW NUMBER 19 OF 2002 ON COPYRIGHTS","authors":"L. Sudini","doi":"10.22225/jn.3.1.650.25-37","DOIUrl":"https://doi.org/10.22225/jn.3.1.650.25-37","url":null,"abstract":"This article aims at describing the role of Yayasan Karya Cipta Indonesia (YKCI) in copyright protection in Indonesia and the mechanism of royalty payment on Indonesian songs to the YKCI. The approach used in this study is normative approach as this study is conducted on secondary, primary, and tertiary legal materials, such as books, legal journals, and expert (secondary data) research results; its main legislation is Law no. 19 of 2002 on Copyright (primary data); English and Indonesia dictionaries and tertiary law which is the result of library research, supported by legal materials in the form of documents from field research results. From the collected legal materials, analysis in the method of the qualitative descriptive was conducted. The results indicated that YKCI's role as an administrator body in copyright protection is to collect royalties from parties that use songs or music commercially and help dispute resolution between creators, users or record producers of songs or music creations. Furthermore, the mechanism of royalty payments to YKCI shall be initiated by the authorization of YKCI by the creator or the copyright holder of the song, so on the basis of such power of attorney, YKCI exercises the collection or withdrawal of royalties by a percentage mechanism from the dealer's selling price through a permit saving per song at a rate for recording into a cassette, CD, VCD, and other media. Law Number 19 of 2002 on Copyright should be accompanied by the willingness and ability of the apparatus in enforcing it so that what to be achieved with the Act can be obtained. In addition, it is recommended that the government immediately issue provisions on the roles, duties and functions of the Copyright Council as well as the organic rules that explain the authority of YKCI which may be the appointment of the Director-General of Intellectual Property Rights (IPR) as endorsement of a collective society in order to attract royalties. The government also needs to make a standard contract of licensing agreement between the Copyright of Songs and Music in the event of announcement. In addition, YKCI also needs to be open including to the power of attorney (Creator of the song) so that the Creator can know the frequency of their song announcement and the large royalty that must be obtained.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133249996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"WOMEN, LAW AND POLICY: CHILD MARRIAGE PRACTICES IN INDONESIA","authors":"Sonny Dewi Judiasih, Susilowati Suparto, A. Afriana, Deviana Yuanitasari","doi":"10.22225/JN.3.1.647.47-55","DOIUrl":"https://doi.org/10.22225/JN.3.1.647.47-55","url":null,"abstract":"Child marriages are common throughout Indonesia. This is due to a strong influence of Indonesian customs and religion that strongly influence the lives of its people. It is worth pointing that marriage age arrangements in Indonesian Marriage Law reinforces that legal age for men is 19 years and 16 years for women. The 2012 statistics show that Indonesia is the 37th highest in the world in child marriage, while at the Southeast Asian level, this country ranks second after Cambodia. The ranking went up dramatically since in 2016, based on UNICEF, Indonesia ranked the 7th in child marriage worldwide. This means that the practice of child marriage in Indonesia happens, especially to women at the age of 18 years, and there is no discrimination related to the age of marriage. Against this matter, there has been a file for judicial review that demands marriage age for men and women to be pegged at the age of 18 years. However, the Judge of the Constitutional Court, through Decision Number 30-74/PUU-XII/2014, states that age of marriage remains valid for the 19-year-old for man and 16-year-old for women. The struggle does not stop there because at this time, there a national movement of STOP CHILD MARRIAGE formed by civil organisations in cooperation with the Commission of Child Protection and Ministry of Woman Empowerment and Child Protection. This movement sees that the practice of child marriage is a national emergency problem that must be addressed seriously. Further, this movement demands immediate enactment of government regulation in favour of the law which must promptly revise the Marriage Law, especially related to the marriage age.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125746704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COASTAL LAND UTILIZATION AS TOURISM ACCOMMODATION IN BULELENG","authors":"N. Indrawati, I. Budiartha, L. Sudini","doi":"10.22225/jn.3.1.599.13-24","DOIUrl":"https://doi.org/10.22225/jn.3.1.599.13-24","url":null,"abstract":"This research was conducted in Lovina Tourism Area. The problems raised in this thesis are: 1) how is the pattern of the control and use of coastal land for tourism accommodation in Lovina tourism area Buleleng regency? 2) What is the legal protection of coastal land rights used for tourism accommodation in the Lovina tourism area of Buleleng regency? And the finding in the field the acquisition of that the existing land in Lovina tourist area which is located in Kalibukbuk village, dominantly controlled by local community. This study belongs to empirical law study. In the case of the utilization of the lands possessed by the right ownership rights, there is also a leased to a third party. The technique used in collecting data required in this research is interview, observation and document. The result of the research is The development of tourism in the Lovina area of Kalibukbuk Village as the center of the Tourism Area that directly and indirectly affects the economic, social and cultural life of the community, and developments are included in the control and utilization of land in coastal areas and There are two kinds of legal protection, namely preventive and repressive law protection: Protection of repressive law against customary land in Lovina area is a form of legal protection that is done related to the dispute faced by its citizens through the settlement in the judiciary, In the protection of preventive law, to ensure legal certainty of state land and management rights, registration shall be made, as described in the Minister of Home Affairs Regulation No. 1 of 1977, so that the Right to Own, Use and Use Rights may be issued.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"267 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134268880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NOTARYS’ LIABILITY IN THE LEGALIZATION OF THE COPY OF IDENTITY CARD (KTP) UNDER THE ORIGINAL","authors":"Edwina Aileen Wirasasmita","doi":"10.22225/JN.3.1.682.56-64","DOIUrl":"https://doi.org/10.22225/JN.3.1.682.56-64","url":null,"abstract":"This journal is motivated by the proliferation of Identity Card (KTP) falsification case that occurred in the society as it will indirectly affect the duty and authority of the notary profession which is contained in the law of notary public, especially in Article 15 letter (d) of Law of the Republic of Indonesia Number 2 of 2014 concerning the Amendment of Law Number 30 of 2004 concerning Notary Position stating that the Notary is authorized to approve the a photocopy compatibility with the original letter. One of the letters whose authenticity often needs to be legalized is the Identity Card, especially for land registration purposes to the Land Office for the maintenance of Land data. However, it becomes a problem when it turns out that the KTP endorsed by the Notary is a fake KTP, whereas there is no special arrangement which affirms that the notary has the obligation to conduct authenticity of KTP which is submitted to the issuer (government). This results in other parties disadvantaged if it turns out the data used is a fake KTP. To examine the phenomenon, the author use normative research method supported by interview as the instrument used to collect the data. The legal theories used are the theory of legal certainty, legal protection, and legal accountability. The result of the research indicates that notary is responsible for parties who are disadvantaged due to the validation of the fake KTP card only in case if the notary endorsed the copy of the KTP without seeing and comparing the original form of it or the Notary has known that the KTP is a fake or not valid yet to endorse. On the contrary, a notary is not liable for having legalized an original KTP, not a photograph/photocopy, which looks like original until it is unknown that it is actually a fake.","PeriodicalId":147620,"journal":{"name":"NOTARIIL: Jurnal Kenotariatan","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128010642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}