Jurnal AktaPub Date : 2020-05-04DOI: 10.30659/AKTA.7.1.45
Arpangi Arpangi
{"title":"EXISTENCE OF NOTARY AUTHORIZATION DUE TO MAKING AUTHORIZED LOADING RIGHTS REVIEWED FROM LAW NUMBER 2 OF 2014 ABOUT NOTARY POSITION","authors":"Arpangi Arpangi","doi":"10.30659/AKTA.7.1.45","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.45","url":null,"abstract":"In its development in terms of making the Deed of Granting Mortgage or APHT the debtor can not be present which is then represented by his representative, the consequences of the debtor's representative then the APHT must be made with SKMHT or Power of Attorney Imposing Mortgage Rights. The SKMHT is made by a notary public. But in its development based on Article 96 PMNA / Per.Kaban No. 3 of 1997 as amended by Regulation No. 8 of 2012 requires that the deed is made in accordance with the form or form made by the BPN or the Land Agency, even though it is clear that it has contradicted the provisions related to the deed according to Article 15 paragraph (1) of Law Number 2 of 2014 is not quite right, this is because The notary is authorized to make an authentic deed, not to make a letter, or fill in blanks, such as SKMHT where the manuscript is made by BPN. So it is clear that the current SKMHT has contradicted the provisions referred to in Article 15 paragraph (1) of Law Number 2 of 2014. The type of research in this writing is sociological juridical. The data collection techniques in scientific research is to use literature study techniques and direct interview studies with informants in collecting and compiling the data needed. This research is a descriptive qualitative analytical research which is a study with data analysis techniques in the form of describing, analyzing, explaining, and analyzing a legal problem that occurs.Keywords: Authentic Deed, Existence, Notary, Power of Attorney, Letter of Mortgage Right","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133958499","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}
Jurnal AktaPub Date : 2020-04-20DOI: 10.30659/akta.v7i1.8545
Y. Kurniawan
{"title":"The Position Of Attorney Power Of Charge Mortage Right Made By Notice With The PPAT Format Required From The Act Number 2 Of 2014 On The Position Of Notary In Pemalang City","authors":"Y. Kurniawan","doi":"10.30659/akta.v7i1.8545","DOIUrl":"https://doi.org/10.30659/akta.v7i1.8545","url":null,"abstract":"The summary of the issues in this study is 1) how is the implementation of the Authorization of Authorization of Liability in the Barriers currently under way? 2) what are the issues raised in the implementation of the current Authorization of Burden of Rights on the Barriers? 3) How should the implementation of the Authorization of the Liability of the Liability of Barriers be made? The type of research used is sociological juridical. The result of this study is that there is a disharmony between the provisions of Article 38 of the Notary Department Law and Article 96 paragraph (1) of Equity No. 8 The of 2012. The factor affecting the emergence of the question in the making of the SKMHT is that the regulatory factor is disharmonization between Article 38 of the Notary Department Law and Article 96 paragraph (1) of Civil Code. 8 of 2012,Keywords: Position; Warrant of Burden of Rights; Notary.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127871696","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}
Jurnal AktaPub Date : 2020-04-18DOI: 10.30659/AKTA.7.1.37
D. Kurniawan, Amin Purnawan
{"title":"Responsibility Of The Notary Department As A Consequence Of Secret Of The Minutes Deed Misuse By Its Employees","authors":"D. Kurniawan, Amin Purnawan","doi":"10.30659/AKTA.7.1.37","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.37","url":null,"abstract":"The purpose of this study is to identify and analyze: 1) The importance of the notary's obligation to safeguard the confidentiality of the contents of any particular act as referred to in Article 16 paragraph 1 of the letter (f) of Act No. 2 of 2014 Regarding Change of Law of 30 of 2004 About the Notary Department. 2). It is the responsibility of the Notary department for the abuse of confidentiality by millions of employees.This study is a type of normative juridical research, using a legislative and conceptual approach to Data collection derived from primary and secondary data, using interview methods and library studies. Data analysis techniques using qualitative data analysis.The result of the research is 1).The importance of the Notary's obligation to safeguard the confidentiality of the contents of the deed, particularly in the matter of Article 16 paragraph 1 letter (f) of Act No. 2 of 2014 About the Amendment of Act No. 30 of 2004 About the Notary Department is to keep everything confidential. and any evidence obtained for the making of the deed in accordance with the oath / appointment of the department. 2). The responsibility of the notary office is due to the misuse of confidentiality by the employees although in this case the notary does not commit a direct offense, because in one of the principles of civil liability there is a principle of absolute responsibility, whereby the person commits an error indirectly (due to negligence or negligence) heart) can be held responsible for the loss suffered by someone.Keywords: Notaries; Responsibilities; Minutes Deed.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"SE-11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126577614","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}
Jurnal AktaPub Date : 2020-04-11DOI: 10.30659/AKTA.7.1.31
Indah Nailal Muna, Anis Mashdurohatun.
{"title":"Deed Of Roya Consent Which Made By Notary In Roya Mortage Rights Caused The Loss Of Certificate Mortage Rights In The City Of Pekalongan","authors":"Indah Nailal Muna, Anis Mashdurohatun.","doi":"10.30659/AKTA.7.1.31","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.31","url":null,"abstract":"The purpose of this study was to: 1) To determine the debtor to Roya to BPN 2) To know the challenges and solutions faced by the debtor to Roya missing Encumbrance certificate 3) to determine the position of the missing Encumbrance certificate. The research method in this study, using socio-juridical to obtain data from the primary data. In a research specification is a descriptive analysis of this data is by using the applicable laws.Based on the results of data analysis concluded that: 1) The process of the debtor to Roya namely by applying Roya Land Office and bring equipment such as certificates and certificate concern Properties Roya who made by notary. 2) The obstacles faced by the debtor that is, if not made deed Roya consent by a notary then the debtor can not perform Roya or deletion in Encumbrance, while the solution is to bring the letter of loss from the police and then come before the notary to be made a deed of Roya consent by a notary to replace certificates mortgages missing. 3) Position the deed of Roya consent can not be equated with a certificate of mortgages have executorial power because it is not regulated in the legislation or firm rule. The deed of Roya consent is a requirement to carry out orderly land administration. In this case means that the position of Roya consent deed made by the notary is a custom in notarial practice.Keywords: Deed of Consent Roya; Notary; Certificate of Mortage Right.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116731336","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}
Jurnal AktaPub Date : 2020-04-09DOI: 10.30659/AKTA.7.1.15
Eko Nurhanafi, Akhmad Khisni, Amin Purnawan
{"title":"Juridical Study With Deed Of Under Hand Evidence Which Notarized In Completion Case In Court","authors":"Eko Nurhanafi, Akhmad Khisni, Amin Purnawan","doi":"10.30659/AKTA.7.1.15","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.15","url":null,"abstract":"This study aims to assess and analyze: 1). Notary form of responsibility for the validity of the deed under which legalized hand. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court. 3). The authority of the judge in dismissing deed under the hand that had to notarize a Notary.Research using normative juridical, The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.Based on the results of this study concluded that: 1). Notary form of responsibility for the validity of the deed under which legalized hand there is the certainty that the signature means certain that the signature was indeed the parties to the agreement and not others. It is said that because of legalizing the letter should be required to know the people who are signing an a way to see his ID such as Identity Card and others. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court that the evidence is perfect as an authentic deed. Deed under the hand that has obtained the legalization of Notaries has the strength of evidence was perfect, because the deed under the hand of the truth lies in the signatures of the parties. So with the recognition of such signatures, then the contents of the deed was regarded as an agreement between the parties. 3) The authority of judges to cancel the deed under the hand that had to notarize the notary is a judge can only do that if put to him a certificate as evidence. The judge on his own initiative may not make a decision without their deed as evidence written agreement.Keywords: Notary; Strength of Evidence; Deeds Under Hand","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124840429","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}
Jurnal AktaPub Date : 2020-04-09DOI: 10.30659/AKTA.7.1.23
Muhammad Dias Saktiawan, G. Gunarto, Ngadino Ngadino
{"title":"The Strength Of Evidence Of Deed Made Under Hands Connected With The Authority Of Notary Legalization And Waarmerking Based On Act No. 30 Of 2004 On The Notary Position","authors":"Muhammad Dias Saktiawan, G. Gunarto, Ngadino Ngadino","doi":"10.30659/AKTA.7.1.23","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.23","url":null,"abstract":"This study aims to determine the strength of the deed made under hand as evidence in court, and is there a function legalization and Waarmerking the deed made under hand can provide additional strength of evidence in court. Focused on the research objectives, the formulation of the problem is as follows: First, What is the function of the legalization and Waarmerking deed made under hand in evidence during the trial Court? Second, Do deed made under hand on legalization and in Waarmerking by notaries can be canceled by a judge in court?The research method used is the method of juridical-normative approach. Specifications in this research is descriptive analytical. The data collection method used in this research is secondary data in the form of primary legal materials that legislation, secondary law namely literature, scientific papers, and tertiary legal materials namely legal materials that support primary legal materials and secondary law. While the methods of data analysis using qualitative data analysis.The results showed Legalization and Waarmerking function on deed made under the hand give assurance to the judge about the date, signature, identity of the parties to the agreement, thus helping to judge in terms of proof. Deed made under hand on Legalization and in Waarmerking by notary can be canceled by a judge even though the task of the judge in the case only to share the burden of proof to prove, but ex officio judge can not cancel a deed if not requested cancellation. This is because judges are not allowed to decide unsolicited, so as a deed can be canceled if it does not meet the elements of subjective and objective elements.Keywords: Legalization; Deed; Notary.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130878696","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}
Jurnal AktaPub Date : 2020-04-09DOI: 10.30659/AKTA.7.1.9
A. Siregar, G. Gunarto
{"title":"The Position And Function Of Notary In The Using Of State Symbol","authors":"A. Siregar, G. Gunarto","doi":"10.30659/AKTA.7.1.9","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.9","url":null,"abstract":"This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132106225","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":"RESPONSIBILITIES OF DEED LAND BUILDERS OFFICERS (PPAT) BUY SELL IN MAKING DEED LAND DISPUTE (Analysis of Supreme Court Decision No. 826 K / Pdt / 2018)","authors":"Mugiyatno Mugiyatno, Amin Purnawan, Achmad Sulchan","doi":"10.30659/akta.v7i1.7899","DOIUrl":"https://doi.org/10.30659/akta.v7i1.7899","url":null,"abstract":"The purpose of this study was to analyze 1) Liability Land Deed Official (PPAT) in the manufacture of the deed of sale of land. 2) .Menganalisis the validity of the deed of sale made by PPAT.3). Analyzing the legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 against the Land Deed Official (PPAT) who manufacture a deed of sale of land disputes.The approach method in this research is the empirical jurisdiction. Specifications of this research is descriptive analysis. The source of the data used is primary and secondary data. The primary source is the Supreme Court decision number 826K / Pdt / 2018, while secondary data sources are taken from books and other related iteratorr, obtained through interviews and literature, while data analysis is a descriptive analytic. The method of data collection is the engineering library (library research).Results of the research results can be concluded: 1) Obligation PPAT is a deed as evidence has implemented a legal act of buying and selling, and registered under the name of the office to Pertanahan.2) Validity of PPAT Deed governed and determined by the current Minister of National Land Agency, it is affirmed in Article 21 paragraph (1) of Government Regulation No. 37 of 1998 which states that the PPAT deed made in the prescribed form of the National Land Agency. 3). The legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 is the Deed of Sale and Purchase of Land Disputes number 186/2015 and certificate of land with 1394 numbers became invalid / void and not legally binding and PPAT and Land Agency may be penalized for committed an unlawful act.Keywords : offense, purchase agreement, land deed official","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130922447","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}
Jurnal AktaPub Date : 2020-03-11DOI: 10.30659/akta.v6i4.7971
Muhammad Hakiki Dharmawan, Lathifah Hanim, Ngadino Ngadino
{"title":"THE ROLE AND RESPONSIBILITY OF A NOTARY TO CANCELLATION OF THE DUE TO THE WILL HAS BEEN DONE","authors":"Muhammad Hakiki Dharmawan, Lathifah Hanim, Ngadino Ngadino","doi":"10.30659/akta.v6i4.7971","DOIUrl":"https://doi.org/10.30659/akta.v6i4.7971","url":null,"abstract":"The purpose of this study as follows: 1) To analyze and clarify the roles and responsibilities towards the cancellation of a notary deed will have been made before. 2) To analyze and explain the obligations to be performed by a notary deed after the will was made. 3) To analyze and explain the responsibilities of a notary deed will made beforeThe research method used is juridical Normative and specifications in this research include descriptive.Now the sources and types of data in this research is primary data obtained from field studies and interviews. And secondary data obtained from the literature. Based on the results of research thatThe role and responsibilities of a notary to act that is canceled if one party has been in default and notaries have met the terms of a formal deed, the notary is not responsible or may not be deducted on the cancellation of the deed. Shall notify all acts of will (testament acte) made to the Central Register of Wills Section (DPW) and Universal Heritage (BHP) both open testament (openbaar testament), written testament (olographis testament), as well as a closed or secret testament. If the act of will (testament ACTE) is not registered then it will not happen binding. Moreover, notaries are also obliged to report or inform one's will on a five (5) days of the first week of each month. If you do not report it, then the act is not applicable as authentic documents, or in other words the act is only valid as a deed under hand, can even be declared null and void. Responsibility of the Deed of Wills Made in front of him is a) moral responsibility, b) ethical responsibility, c) a legal obligation, consisting of two (2) terms: 1. In terms of formal 2. in terms of material. Act against the will (testament acte) made in front of him, read it in the presence of a notary is responsible for the witnesses.Keywords : Roles, Responsibilities, Notary Act, Wills","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124463804","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}
Jurnal AktaPub Date : 2020-02-14DOI: 10.30659/AKTA.6.4.805
Nur Amanah Amanah, Achmad Sulchan, Jawade Hafidz
{"title":"Due Position to Legal Documents under the Hand in Notary Legalization","authors":"Nur Amanah Amanah, Achmad Sulchan, Jawade Hafidz","doi":"10.30659/AKTA.6.4.805","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.805","url":null,"abstract":"The purpose of this study was to investigate and analyze: 1) the position of the deed under hand on legalization by notary and 2) Due to legal documents under the hand that has been in Legalization by Notary. Based on the wording of Article 15 paragraph (2) a and b of Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary, the Notary in carrying out his authority to conduct the legalization of the deed under the hand. The method used in this study is a socio-juridical. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary legal materials as well as materials law tertiary literature. Data were then analyzed qualitatively.Based on the analysis, it can be seen that: 1). Position deed under the hand that was authorized by the Notary: when both parties recognize and explain correctly what is in deed under the hand, then the deed under the hand of a criminal offense and be perfect evidence as authentic deed. 2). The legal consequences deed under the hand which has been legalized by Notary: deed under hand on legalization by notary is not a legal effect of evidence which was perfect because they can be disputed later in court, and if the parties deny the strength of evidence in the hands of the judge's decision.Keywords: Deed Under Hand; Notary; Legalization.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133902779","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}