Elisabeth Ayustina Putri Korassa Sonbai, N. Mahendrawati, Ida Bagus Agung Putra Santika
{"title":"QUALIFICATION OF THE PRUDENCE PRINCIPLE OF NOTARY ON IMPLEMENT THE POSITION BASED ON ACT OF NOTARY POSITION","authors":"Elisabeth Ayustina Putri Korassa Sonbai, N. Mahendrawati, Ida Bagus Agung Putra Santika","doi":"10.22225/jn.7.1.2022.32-38","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.32-38","url":null,"abstract":"The purpose of this research is to examine and analyze clearly the scope of the Notary prudence principle on implement his/her position so that definitive or limitative limits are found regarding the Notary prudence principle on implement his/her position. The method used is normative legal research. Data collected through basic regulations, laws and regulations, and legal norm. The theories applied such as the theory of legal protection, the theory of legal certainty, and the theory of responsibility. The results of this research indicate that Article 16 paragraph (1) letters a and m describe the implementation of the Notary position, while the provisions of Article 17 instruct the Notary on implement his/her position to stay away from all prohibitions that are not allowed to be carried out in carrying out his duties, one of which is in the form of doing other job that are contrary to religious norms, decency or propriety that can affect the honor and dignity of the position of a Notary. The provisions of UUJN jo. UUJN-P in particular the provisions of Article 16 paragraph (1) letter a as a violation of the fulfillment of the prudence principle and an administrative violation. Thus, as a Notary, it is advisable to comply more with all the provisions of the UUJN jo. UUJN-P, is careful, thorough and thorough in administering the deed, in order to eliminate the bad intentions of those who deliberately blame and place the Notary as committing an unlawful act, both civil and penal.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123970839","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}
I. G. C. Widiangga, I. W. Astara, I. N. A. Puspadma
{"title":"JURIDICAL IMPLICATIONS OF THE SUPREME COURT'S DECISION NUMBER: 121 K/TUN/2017 ON DISCLOSURE OF DATA INFORMATION OF THE HOLDER RIGHT TO CULTIVATE","authors":"I. G. C. Widiangga, I. W. Astara, I. N. A. Puspadma","doi":"10.22225/jn.7.1.2022.39-45","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.39-45","url":null,"abstract":"The legal construction of Articles 187 and 191 of the Minister of Agrarian Affairs Number 3 of 1997 and Article 12 paragraph (4) letter i of the Perka BPN excludes HGU documents as documents that are not accessible to the public and can only be given to government agencies.This study aims to examine regulation of information transparency on the data of the holder of the Right to Cultivate and to examine the legal consequences of not implementing the Supreme Court's Decision Number: 121 K/TUN/2017 by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) which has permanent legal force. This study uses a normative juridical method according to the applicable law. The results of this study revealed that Transparency of information on data on holders of the Right to Cultivate refers to Article 2 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration (hereinafter referred to as PP No. 24 of 1997) which stipulates that public information is open and accessible to every user of public information. The Right to Cultivate Documents are not exempt under Article 17 letters b and h of the KIP Law. Furthermore, the legal consequences of not implementing the Supreme Court's decision Number: 121 K/TUN/2017, namely the cassation respondent may be subject to administrative sanctions in accordance with Article 116 of the Administrative Court Law and criminal sanctions in accordance with Article 52 of the KIP Law.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115770632","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}
Ida Ayu Pradnya Paramita, I. Sugiartha, I. M. P. Dharsana
{"title":"CONTRADICTION OF THE RIGHT TO DENY OF NOTARY WITH THE OBLIGATION TO REPORTING FOR THE PREVENTION OF MONEY LAUNDERING","authors":"Ida Ayu Pradnya Paramita, I. Sugiartha, I. M. P. Dharsana","doi":"10.22225/jn.7.1.2022.18-23","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.18-23","url":null,"abstract":"The purpose of this study is to examine the contradiction regarding the Principles of Recognizing Service Users (PMPJ) with the provisions of maintaining the confidentiality of the Deed by a Notary and to examine the limitations regarding the obligation of a Notary to keep the contents of the Deed secret with the obligation to report the Deed related to alleged money laundering. The research type used is normative legal research, with a statutory approach and a conceptual approach. The technique of collecting legal materials uses identification techniques and snowball techniques. The results show that based on Law Number 12 of 2011 concerning the Establishment of Legislation and the principle of lex superior derogate legi inferior. Moreover, between UUJN.P and Government Regulation Number 43 of 2015 concerning Plaintiff in the Prevention and Eradication of the Crime of Money Laundering, which is implementing regulations of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, the obligation to keep the data of service users cannot be disclosed by a Notary. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125108839","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":"JURIDIC ASPECTS OF THE DEVELOPMENT OF THE SEMPUANA HOLY WATER SPRING AS A TOURISM ATTRACTION IN DALUNG VILLAGE, BADUNG","authors":"I. P. A. S. Ariesta","doi":"10.22225/jn.7.1.2022.13-17","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.13-17","url":null,"abstract":"One of the sacred springs/bejis that attracts attention for research is the Beji Sempuana, which is used by the local village community in the process of spiritual purification, generally this process is carried out before starting religious ceremonies such as Piodalan in the area of Pura Dalem Nataran Tegal Jaya, Dalung or mass burning of corpses (Ngerit). This Beji is located on the border of the Sempuana River which needs to be preserved due to the conversion of the surrounding land. This study aims to examine the legal basis for the development of a site into a tourist attraction. The method used in this study, namely observation to the object of research, interviews and documentation. Interviews were conducted with community leaders and local residents. The data analysis technique used in this study is a qualitative descriptive method, which provides a review of the interpretation or meaning of the data and information obtained. The results of this study indicated that the Beji Sempuana site can be developed as a leading tourist attraction in Badung Regency, in addition to the natural beauty of the surroundings, the existence of cultural heritage objects and Beji Sempuana and religious ceremonies as tourist attractions. The buildings at Beji Sempuana and Pura Dalem Nataran are also unique with traditional Balinese architecture. This Beji Space pattern still applies the Tri Mandala Concept which is still preserved today. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134110519","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":"EMPOWERMENT OF BUPDA REFORM ACCESS IN VILLAGE LAND ASSET MANAGEMENT IN BALI","authors":"I. Utama","doi":"10.22225/jn.7.1.2022.9-12","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.9-12","url":null,"abstract":"The efforts to reduce poverty through increasing the role of traditional villages are very appropriate to do especially in Bali. Based on the mandate of the Regional Regulation Province Bali Number 4 of 2019 Regarding Traditional Villages, the Poh Bergong Traditional Village through a perm formed Utsaha Padruwen Desa Adat (BUPDA) managed by the traditional village. This study aims to examine the implementation of BUPDA institutions in the management and utilization of customary village land assets in Bali. The research method used is normative legal research using a statutory approach and a conceptual approach. The results of the study indicate that the development of BUPDA management uses the objective of access reform with the concept of Tri Hita Karana, the implementation of BUPDA in the management of access reform which aims to prosper the indigenous peoples and relieve the person of the community in carrying out the custom. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"144 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132147924","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":"THE ELECTRONIC MARKET (MARKETPLACE) ON ELECTRONIC TRADE (E-COMMERCE) IN INDONESIA","authors":"D. Susanti","doi":"10.22225/jn.7.1.2022.24-31","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.24-31","url":null,"abstract":"This research is motivated by the importance of the role of the marketplace as a place for electronic commerce transaction activities between sellers and buyers that can prevent losses and provide a sense of security for both sellers and buyers. Given the importance of the role of the marketplace, it becomes a problem when questions arise regarding the legal position of the electronic market (marketplace) in electronic commerce (e-commerce) in Indonesia. Therefore, this study aims to find out the position (status or standing) electronic market law (marketplace) on trade electronics (e-commerce) in Indonesia. This study uses normative legal research with a statute legal approach and a conceptual approach. This study results of this study showed that the legal position of the marketplace in electronic commerce (e-commerce) in Indonesia includes 2 (two) things, namely the legal position as a platform and the legal position as a guarantor.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123190279","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":"LEGAL COUNSELING BY A NOTARY AS A MEANS TO PRODUCE A BALANCED AGREEMENT","authors":"Hatta Isnaini Wahyu Utomo","doi":"10.22225/jn.7.1.2022.1-8","DOIUrl":"https://doi.org/10.22225/jn.7.1.2022.1-8","url":null,"abstract":"The Law on Notary Position authorizes Notaries to provide legal advice to parties related to deeds. Through this legal counselling, it is hoped that conflicts can be avoided in the future. This study analyzes the benefits of legal counselling provided by a notary. The research method used is normative legal research using a statutory approach and a conceptual approach. The results show that the notary public has the authority to provide legal counselling to parties related to deed making, especially those related to agreements. The role of the notary, in this case, is to provide counselling so that the agreement made by the parties is balanced and the parties understand their respective rights and obligations. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116626901","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":"THE ROLE OF LAND DEED OFFICIALS (PPAT) IN THE IMPOSITION OF ACQUISITION DUTY OF RIGHT ON LAND AND BUILDING IN THE EXCHANGE PROCESS OF LAND AND BUILDING IN DENPASAR CITY","authors":"D. Paramitha, I. Budiartha, I. N. Sukandia","doi":"10.22225/jn.6.2.2021.100-105","DOIUrl":"https://doi.org/10.22225/jn.6.2.2021.100-105","url":null,"abstract":"In the process of exchanging land rights, the facts show that the use of market value as the basis for calculating the acquisition duty of right on land and building often creates problems in the field. This study aims to examine the basis for imposing acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city and to examine the role of land deed officials and the obstacles faced in the imposition of acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city. The method used in this study is an empirical juridical research method. The results of this study showed that (1) the imposition of acquisition duty of right on land and building in the exchange process in Denpasar City is applied with the provisions of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies calculated based on market value. (2) The Land Deed Official has a role in making the deed of exchange and in collecting acquisition duty of right on land and building in the process of exchanging the duties and authorities of the land deed official, namely assisting taxpayers in legal acts of exchange in the process of transferring rights to land and/or buildings from the exchange provider to exchange recipients in accordance with Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Maker Officials.","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134039972","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":"THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI","authors":"Putu Emma Viryasari, I. Sujana, P. Wesna","doi":"10.22225/jn.6.2.2021.58-64","DOIUrl":"https://doi.org/10.22225/jn.6.2.2021.58-64","url":null,"abstract":"The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131731184","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":"EFFORTS TO OVERCOME CRIMINAL ACTS OF SKIMMING COMMITTED THROUGH ATMS IN THE PERSPECTIVE OF LAW NUMBER 19 OF 2016 CONCERNING EIT","authors":"P.E.T. Dewi, Ni Made Septiwidiantari","doi":"10.22225/jn.6.2.2021.106-111","DOIUrl":"https://doi.org/10.22225/jn.6.2.2021.106-111","url":null,"abstract":"Cybercrime is one form of the negative impact of the development of science and technology. One of the crimes in the form of Cybercrime, which in recent years has greatly disturbed the public, is skimming. Skimming crimes continue to increase and are unsettling the community. For this reason, serious efforts to overcome them are required. This study aims to examine the effort to overcome criminal acts of skimming committed through ATMs in the Perspective of Law Number 19 of 2016 concerning EIT. This study is legal research with a literature study. The research approaches used are the statute approach and the fact-based approach. The results of this study revealed that as an effort to tackle skimming crime, there are two ways that can be applied, namely preventive action (preventing crime from occurring) and repressive action (efforts taken after a crime has occurred). The repressive measures that can be taken in tackling the crime of skimming are to apply legal provisions in accordance with Article 30 in conjunction with Article 46 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning EIT. \u0000 ","PeriodicalId":190076,"journal":{"name":"NOTARIIL Jurnal Kenotariatan","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121237735","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}