NOTARIIL Jurnal Kenotariatan最新文献_第2页

THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA 网络公证在印尼数字国际贸易领域的作用

NOTARIIL Jurnal Kenotariatan Pub Date : 2023-06-30 DOI: 10.22225/jn.8.1.2023.1-7

R. Sidharta, P.E.T. Dewi

{"title":"THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA","authors":"R. Sidharta, P.E.T. Dewi","doi":"10.22225/jn.8.1.2023.1-7","DOIUrl":"https://doi.org/10.22225/jn.8.1.2023.1-7","url":null,"abstract":"In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125982514","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}

引用次数: 1

THE EXISTENCE OF CUSTOMARY LAND IN BALI AFTER THE APPOINTMENT OF CUSTOMARY VILLAGES AS SUBJECTS OF COMMUNAL PROPERTY RIGHTS OVER LAND 在被任命为土地公有产权主体的习惯村庄之后，巴厘岛习惯地的存在

NOTARIIL Jurnal Kenotariatan Pub Date : 2023-06-30 DOI: 10.22225/jn.8.1.2023.21-31

I. Nyoman, Yoga Narayana

引用次数: 0

CYBER NOTARY IN INDONESIA: REVIEW DURING THE COVID-19 PANDEMIC AND THE URGENCY OF POST-PANDEMI COVID-19 LEGAL REGULATIONS 印度尼西亚的网络公证:COVID-19大流行期间的审查和COVID-19大流行后法律法规的紧迫性

NOTARIIL Jurnal Kenotariatan Pub Date : 2023-06-30 DOI: 10.22225/jn.8.1.2023.8-14

Desia Rakhma Banjarani, Neisa Angrum Adisti, Isma Nuriilah, Helena Primadianti

{"title":"CYBER NOTARY IN INDONESIA: REVIEW DURING THE COVID-19 PANDEMIC AND THE URGENCY OF POST-PANDEMI COVID-19 LEGAL REGULATIONS","authors":"Desia Rakhma Banjarani, Neisa Angrum Adisti, Isma Nuriilah, Helena Primadianti","doi":"10.22225/jn.8.1.2023.8-14","DOIUrl":"https://doi.org/10.22225/jn.8.1.2023.8-14","url":null,"abstract":"The role of the notary is required to be able participate in the development of technology and information, because in an electronic transaction is very possible for the intervention of a notary as a trusted third party. It is very inappropriate if the notary still uses conventional methods in providing services, because speed, timeliness and efficiency are needed by the parties. So, the research problem can be formulated as follows: How is the development of cyber notary in Indonesia? Why is cyber notary regulation so urgent in Indonesia after the Covid 19 Pandemic? In this research, the authors objectively describe cyber notaries in Indonesia. This research is normative research with the authors arranged descriptively through a qualitative approach. There are no specific legal provisions that regulate cyber notaries, while the use of cyber notaries is increasingly urgent during the pandemic era, such as the Covid 19 Pandemic. However, due to the absence of regulations governing cyber notaries, there were several problems in implementing cyber notaries during the Covid 19 Pandemic era. Therefore, after the Covid 19 Pandemic there was a need for special regulations governing cyber notaries. This is because the Notary Office Law, which has been the legal basis for implementing cyber notaries, actually has several articles and provisions that hinder the implementation of cyber notaries.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127881554","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}

引用次数: 0

LAND BANK MAINTAINS THE EXISTENCE OF LAND ACQUISITION FOR DEVELOPMENT 土地储备维持了土地征用发展的存在

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-05 DOI: 10.22225/jn.7.2.2022.94-99

S. Nugroho, I. Utama

引用次数: 1

JURIDICAL PROBLEMS OF ACQUIRING PROPRIETARY RIGHTS TO STATE LAND THROUGH FULL SYSTEMATIC LAND REGISTRATION (PTSL) 通过全面系统的土地登记取得国有土地所有权的法律问题(1)

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-05 DOI: 10.22225/jn.7.2.2022.76-83

Ni Made Jaya Senastri, Nengah Renaya, Arisya Septyani Virgin

{"title":"JURIDICAL PROBLEMS OF ACQUIRING PROPRIETARY RIGHTS TO STATE LAND THROUGH FULL SYSTEMATIC LAND REGISTRATION (PTSL)","authors":"Ni Made Jaya Senastri, Nengah Renaya, Arisya Septyani Virgin","doi":"10.22225/jn.7.2.2022.76-83","DOIUrl":"https://doi.org/10.22225/jn.7.2.2022.76-83","url":null,"abstract":"This study aims to examine the weaknesses of obtaining property rights on state land and the legal consequences of the issuance of property rights on state land through a legally flawed Complete Systematic Land Registration (PTSL). The method used is a normative legal writing method, using a statutory approach, a conceptual approach, and a historical approach. As an analytical tool for the legal issues studied, this study uses the theory of legal certainty, the theory of legal protection and the theory of legal justice. Based on the results of the analysis, it can be found that there is an inconsistency of norms between the Minister of ATR/BPN Number 6 of 2018 and Government Regulation Number 24 of 1997, namely Article 33, Article 22 paragraph (2), Article 24 paragraph (2) of the Minister of ATR/BPN Regulation No. 6 of 2018. The existence of the inconsistency of these norms creates legal weaknesses and uncertainty in the community regarding the suspension of BPHTB and PPh debts, a statement of ownership of rights in good faith, the principle of publicity for the announcement of physical data and juridical data, the application of the principle of contradictory delimitation in determining the boundaries of land parcels through Complete Systematic Land Registration (PTSL). The result or output in the form of a certificate of ownership that is issued has a legal defect. The legal consequences of the issuance of a certificate of ownership of state land through a Complete Systematic Land Registration (PTSL) which is legally flawed, namely cancellation due to a defect in administrative law and cancellation by implementing a court decision that has permanent legal force.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131724286","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}

引用次数: 0

NOTARIAL DEEDS RELATED TO DEFAULTS, FRAUD AND EMBEZZLEMENT 与违约、欺诈、挪用公款有关的公证契约

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-05 DOI: 10.22225/jn.7.2.2022.84-88

Agung Iriantoro

引用次数: 1

THE ESSENCE OF GRANTING THE RIGHT OF DENIAL FOR NOTARY OFFICIALS IN LAW ENFORCEMENT PROCESSES 公证员在执法过程中拒绝行使权的实质

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-05 DOI: 10.22225/jn.7.2.2022.89-93

P.E.T. Dewi, R. Sidharta

{"title":"THE ESSENCE OF GRANTING THE RIGHT OF DENIAL FOR NOTARY OFFICIALS IN LAW ENFORCEMENT PROCESSES","authors":"P.E.T. Dewi, R. Sidharta","doi":"10.22225/jn.7.2.2022.89-93","DOIUrl":"https://doi.org/10.22225/jn.7.2.2022.89-93","url":null,"abstract":"Article 4 and Article 16 paragraph (1) letter f of UUJN oblige a Notary to maintain the confidentiality of everything about the deed he or she made as well as all information obtained that is necessary for making the deed in accordance with their oath of office, unless the law provides otherwise. This research aims to examine the essence of the right of denial for notaries in performing duties in accordance with the UUJN and to examine the consequences of the right of denial for notaries in the law enforcement process. The type of research used in this research is normative legal research and the approach used in this research is a statute approach and a legal concept approach. Based on analysis, it was found that if a Notary, who has been given the trust and has been sworn in in accordance with Article 4 of the UUJN concerning the Oath of Notary Position and also Article 16 paragraph (1) letter e of the UUJN concerning Notary Obligations, keeps the contents of the deed a secret, violating the oath, then he or she may be penalized. The consequence of the secrecy of the position held by a Notary in terms of providing testimony about the status of their right of denial is that the notary concerned will be disqualified if then the judge still rejects the application for the right of denial of the Notary in the trial, outside the exception to the law.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114912161","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}

引用次数: 1

OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI 在巴厘岛实施公证机构以电子方式认证交易的障碍

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-01 DOI: 10.22225/jn.7.2.2022.46-54

Ida Bagus Dalem Try Utama Manuaba, I. W. Astara, Ida Bagus Agung Putra Santika

{"title":"OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI","authors":"Ida Bagus Dalem Try Utama Manuaba, I. W. Astara, Ida Bagus Agung Putra Santika","doi":"10.22225/jn.7.2.2022.46-54","DOIUrl":"https://doi.org/10.22225/jn.7.2.2022.46-54","url":null,"abstract":"This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114905781","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}

引用次数: 0

LEGAL PROTECTION FOR CUSTOMER FUNDS AT VILLAGE CREDIT INSTITUTIONS (LPD) THROUGH A DEPOSIT GUARANTEE SCHEME BY THE EMPOWERMENT INSTITUTION FOR LPD 通过乡村信贷机构授权机构的存款担保计划，为乡村信贷机构的客户资金提供法律保护

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-01 DOI: 10.22225/jn.7.2.2022.55-64

Ni Putu Ari Setyaningsih, I. K. S. W. Sumertajaya, Fanny Priscyllia

{"title":"LEGAL PROTECTION FOR CUSTOMER FUNDS AT VILLAGE CREDIT INSTITUTIONS (LPD) THROUGH A DEPOSIT GUARANTEE SCHEME BY THE EMPOWERMENT INSTITUTION FOR LPD","authors":"Ni Putu Ari Setyaningsih, I. K. S. W. Sumertajaya, Fanny Priscyllia","doi":"10.22225/jn.7.2.2022.55-64","DOIUrl":"https://doi.org/10.22225/jn.7.2.2022.55-64","url":null,"abstract":"In the relevant Governor’s Regulations regarding LPD, it is not regulated regarding the value of guaranteed deposits for each customer at an LPD that is a participant in the deposit guarantee. The absence of legal regulations governing the value of deposits guaranteed through the LPD customer fund guarantee scheme has led to the need for a study of the extent of protection obtained by LPD customers for their deposit funds under this scheme. This research aims to examine deposit guarantee schemes for LPD customers and legal protection for customer funds at LPD through the loan fund scheme organised by LPLPD. This research is conducted using a normative juridical research method by conducting an analysis on primary legal materials and secondary legal materials related to the present research problems. Based on the analysis, it was found the LPD customer deposit guarantee scheme has not been able to provide legal protection to the customers. This is because in the deposit guarantee scheme, membership is discretionary so not all LPD customers in Bali get protection. The absence of regulation regarding the criteria to determine the amount of contribution and guarantee premium paid and the amount of customer deposits protected by the LPD customer deposit guarantee scheme has resulted in the absence of legal certainty regarding the amount of protected LPD customer funds. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130888205","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}

引用次数: 0

CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT murabahah合同融资中wakalah合同的特点

NOTARIIL Jurnal Kenotariatan Pub Date : 2022-12-01 DOI: 10.22225/jn.7.2.2022.65-75

A. Abdillah, D. Susanti, R. Tektona

{"title":"CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT","authors":"A. Abdillah, D. Susanti, R. Tektona","doi":"10.22225/jn.7.2.2022.65-75","DOIUrl":"https://doi.org/10.22225/jn.7.2.2022.65-75","url":null,"abstract":"Act Number 21 of 2008 about Islamic Banking regulates that one of the businesses of Islamic commercial banks is to channel financing under a murabahah contract. Fatwa of the National Sharia Council – MUI No. 04/DSN-MUI/IV/2000 concerning Murabahah regulates the mechanism for granting authorization to customers by banks, to purchase goods from third parties and the murabahah sale and purchase contract must be carried out after the goods, in principle, become the property of the bank. The purpose of this study is to understand, describe, and find the suitability of the characteristic mechanism in financing with murabahah contracts with Fatwa and the provisions of Islamic bank regulators. This research method is normative juridical with a statutory and comparative approach. The research methodology used is doctrinal legal research. Doctrinal legal research is the study of legal rules, principles, concepts or doctrines. In this study, it was found that the characteristics of wakalah contracts in murabahah financing are as a means of granting power of attorney to purchase murabahah objects by customers as proxies from the bank, to then be handed back to the bank and then sold to customers under a murabahah contract. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115239223","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}

引用次数: 0