Jurnal Ilmu Kenotariatan最新文献

{"title":"Kepastian Hukum Akta Perubahan Badan Kredit Desa Menjadi PT. Lembaga Keuangan Mikro","authors":"Mohammad Reynaldy Adam, W. Wulandari","doi":"10.19184/jik.v4i2.43930","DOIUrl":"https://doi.org/10.19184/jik.v4i2.43930","url":null,"abstract":"Related to the enactment of Financial Services Authority Regulation Number 10/POJK.03/2016 concerning Fulfillment of Rural Bank Regulations and the Transformation of Village Credit Agencies that are Granted Status as Rural Credit Banks. As regulated in Article 2 paragraph (1), which stipulates that BPR provisions must be fulfilled by BKD, namely institutional, prudential principles, financial reporting and transparency, as well as the application of accounting standards for BPR. However, in reality, not all BKD practices can fulfill the requirements for transformation into BPR, this is because BKD does not have a position as a legal entity, but has a unique work system, namely management which is carried out with simple integrated time, namely operational time which is only carried out at certain times and not every day carrying out operational activities. This research uses a normative juridical method with a statutory and conceptual approach, and legal materials are analyzed using a deductive method. The results of this research are that the transition of BKD to LKM is based on OJK regulation no. 10/POJK.03/2016 relating to the fulfillment of BKD transition provisions has a significant impact on BKD. This regulation requires BKD to change its legal entity status.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"62 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606695","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 Legal Consequences of Heirs Not Submitting the Notary Protocol To The Regional Supervisory Board","authors":"Dinda Suryo Febyanti, Fanny Tanuwijaya, Echwan Iriyanto","doi":"10.19184/jik.v4i2.43763","DOIUrl":"https://doi.org/10.19184/jik.v4i2.43763","url":null,"abstract":"The legal issue faced by heirs who do not submit a notary's protocol when a notary passes away. Although Indonesian law does not explicitly outline the responsibilities of heirs in this regard, based on this, the research subject to be examined is the legal consequences for heirs who do not submit a notary's protocol and the authority of the Regional Supervisory Board (MPD) in resolving notary protocols. The research method used in this study is a notarial juridical approach, using a legislative approach and a conceptual approach to analyze the legal issues. The research findings indicate that the failure to submit a notary's protocol can have negative legal consequences. Notary protocols, considered as state archives, must be preserved and maintained by notaries, and heirs do not have legal rights to them. The duty to submit notary protocols lies with the Regional Supervisory Board (MPD) for documentation processes. These protocols include agreements, deeds, acknowledgments, and legal acts performed before a notary and are not part of the notary's personal estate but belong to the state. The authority of the Regional Supervisory Board (MPD) in handling the handover of notary protocols. The MPD plays a vital role in receiving reports of notary deaths, facilitating the handover process, and ensuring the preservation of protocols. However, there are no specific sanctions that the MPD can impose on heirs who fail to fulfill their obligations. This legal gap may result in violations by heirs who do not report the notary's death or fail to submit the notary protocol. Therefore, this research emphasizes the importance of establishing clear and comprehensive regulations regarding the responsibilities of heirs regarding notary protocols to ensure legal certainty and clarity for all parties involved.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"8 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606826","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 Regional Honor Council In Maintaining The Honor of Notary Position","authors":"Isro Vita Nugrahaningsih","doi":"10.19184/jik.v4i1.38566","DOIUrl":"https://doi.org/10.19184/jik.v4i1.38566","url":null,"abstract":"A profession that in carrying out its duties, functions and authorities requires an ethics, so does a Notary. So the code of ethics is used as a guideline for the behavior of members of the profession in acting and behaving. The existence of a Notary code of ethics aims to make the Notary profession run professionally with motivation and orientation to intellectual skills as well as rational and critical argumentation as well as upholding moral values. So that the notary in carrying out his position is supervised by the Notary Honorary Council, because this supervisory function is very necessary so that the Notary does not ignore the nobility and dignity of his profession. Writing this article aims to identify, examine and analyze the role of the Honorary Board in maintaining the honor of the position of Notary Public by upholding a code of ethics. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from laws and regulations and secondary legal materials are obtained from library materials, archives, and documents related to the object of research. The results of the discussion show that the position of the Honorary Board in the Notary organization has a strategic and important role in enforcing the code of ethics as an effort to maintain the honor of a notary. The Ethics Council will supervise so that there are no violations committed by the Notary, such as signing the deed without dealing with the client and the Notary, Setting substandard rates, Carrying out efforts that can lead to unfair competition, Name sign issues and changing addresses are not reported. The obstacles faced by the Honorary Council were the increasing number of Notaries, the formation of the Honorary Council which only numbered three people and was collective in nature. The Honorary Council in enforcing the Notary's code of ethics identifies, evaluates and improves the supervisory system for Notaries so that violations of the code of ethics can be minimized, the Honorary Council makes strategic steps to be implemented and used according to the objectives to be achieved.
 KEYWORDS: Code of Ethics, Honor Council, Notary.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812356","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":"Dinamika Pembebanan Jaminan Fidusia Terkait Dengan Prinsip Spesialitas","authors":"Ferdiansyah Putra Manggala","doi":"10.19184/jik.v4i1.37999","DOIUrl":"https://doi.org/10.19184/jik.v4i1.37999","url":null,"abstract":"The principle of specializing fiduciary guarantees in consumer financing agreements is one of the principles that must be fulfilled, in order to provide legal certainty to both fiduciary recipients and fiduciary recipients, particularly regarding the right to ownership of collateral. If the consumer financing agreement is not fulfilled by the principle of specialization, then there is no legal certainty in the agreement. Every object that is burdened with a fiduciary guarantee must be registered at the fiduciary registration office for the birth of the fiduciary guarantee. A new fiduciary guarantee is said to be born if it has been registered so that a fiduciary certificate is issued which has executive power if in the future the debtor defaults. So that the creditor in the settlement of default is not based on a power of attorney but based on a fiduciary certificate which has the same strength as a court decision that has permanent legal force. The methodology used in this study is the normative juridical methodology and the approach used is a conceptual approach and a statutory approach. The thinking framework used is descriptive method in this study.
 KEYWORDS: Principle, Specialization, Fiduciary","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812355","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 Urgency of The Indonesian Notary Association (INI) In Development And Supervision Of Notary","authors":"Elok Sunaringtyas Mahanani, Iswi Hariyani","doi":"10.19184/jik.v4i1.38764","DOIUrl":"https://doi.org/10.19184/jik.v4i1.38764","url":null,"abstract":"Notary is a job or position that in carrying out its authority requires ethics. The code of ethics is used as a guideline for member behavior along with clear and strict sanctions for violators of the code of ethics. The notary code of ethics aims to make the notary profession run professionally with motivation and orientation to intellectual skills and to argue rationally and critically and uphold moral values. Enforcement and supervision of the implementation of the notary professional code of ethics is carried out through the Notary Honorary Council. Notaries feel the need to be supervised so that the possibility of irregularities in carrying out their positions that are not in accordance with the corridors of law and professional code of ethics as well as abuse of authority or trust given to Notaries can be avoided. The revival of the existence of the Indonesian Notary Association is one of the efforts to reduce the existence of violations committed by Notaries in carrying out their positions, related to the causes of the non-maximum occurrence of an Indonesian Notary Association (INI), namely where notaries do not carry out their profession professionally. With problems like this, the role of the Indonesian Notary Association is needed. The urgency of the notary association in fostering and supervising as an effort to reduce the occurrence of violations committed by notaries.
 KEYWORDS: Urgency, Notary Association, Guidance and Supervision","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"12 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812354","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":"Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Batal Demi Hukum: Urgensi dan alternatif membangun konsep baru perlindungan hukum bagi kreditor","authors":"Piters Djajakustio","doi":"10.19184/jik.v4i1.38539","DOIUrl":"https://doi.org/10.19184/jik.v4i1.38539","url":null,"abstract":"Time limitation regarding the validity of the power of attorney to impose mortgage rights or SKMHT in Article 15 paragraph 3 and 4 of the Law on Mortgage Rights is essentially a form of legal protection by the State as outlined in a statutory regulation. However the provision on the period of SKMHT imposes a relatively short, while on the other hand, the process of obtaining a land title certificate takes a long time does not provide legal protection for creditors and potentially creditors fail to obtain collateral. The imbalance ultimately does not reflect justice for creditor. The research method in this article is normative juridical, which is legal research that places law as a building system of norms. The norm system in question is regarding the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Types of normative juridical research include legal principles, namely research on written positive laws or research on legal principles that live in society, sources of law, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. This study aims to examine the urgency of developing a new concept of legal protection for creditors due to SKMHT being null and void.
 KEYWORDS: SKMHT, Time Limit, Creditors","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812352","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":"Asas Publisitas Perjanjian Perkawinan (Post Nuptial Agreement): Konsep kepastian dan perlindungan hukum bagi pihak ketiga","authors":"W. Werdiningsih","doi":"10.19184/jik.v4i1.38537","DOIUrl":"https://doi.org/10.19184/jik.v4i1.38537","url":null,"abstract":"The marriage agreement after the Constitutional Court Decision Number 69/PUU/XII/2015 has a slight difference from the initial concept regarding the marriage agreement. The pre-nuptial agreement which was later extended to the post-nuptial agreement basically had several issues, especially regarding the publicity of the marriage agreement. The enforceability of a post-nuptial agreement in certain conditions may create uncertainty for third parties regarding the husband and wife's assets. Based on these legal issues, this research aim to find out the formulation of the principle of publicity in the arrangement of the marriage agreement during the marriage (Post Nuptial Agreement) so that it can have binding power to provide legal protection for third parties. This study uses a normative juridical method, which is a process to find and study doctrines, principles and legal rules as an effort to answer the legal issues under study. There are five approaches used, including: a statutory approach (statute approach) by reviewing the Burgerlijk Wetboek, the Law on Marriage and its amendments, the Law on the Position of Notary Public and its amendments and related implementing regulations; conceptual approach (conceptual approach), namely exploring various expert opinions regarding the concept of agreement, the concept of marriage, the principles of marriage law, the concept of marriage agreements, the theory of legal protection, the theory of justice, the principle of balance, the principle of freedom of contract to the position of a third party in the agreement; historical approach (historical recht approach) aims to study the history of the enactment of laws and regulations that have been in force, especially those relating to marriage agreements, in addition to reviewing the treatise on the formation and legal politics regarding the Marriage Law and treatises on marriage agreements in effect in Indonesia; case approach, namely Constitutional Court Decision Number 69/PUU-XIII/2015 and Supreme Court Decision Number 598 PK/Pdt/2016; comparative approach, namely the Netherlands, the United States and Australia.
 KEYWORDS: Marriage Agreement, Principle of Publicity, Third Parties","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812358","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":"Perlindungan Hukum Pemegang Saham Terhadap Tindakan Penarikan Kembali Saham Ditinjau Dari Undang-Undang Perseroan Terbatas","authors":"Dimas Pasha Hafidz, Mohammad Rafi Al Farizy","doi":"10.19184/jik.v4i1.39032","DOIUrl":"https://doi.org/10.19184/jik.v4i1.39032","url":null,"abstract":"One of the corporate actions that the Company can take is to reduce capital. Reducing the capital carried out by the Company can be done in 2 ways, namely recalling shares or reducing the nominal value of shares based on Article 47 paragraph (1) of Law Number 40 of 2007. The corporate action to reduce capital must still protect the interests of shareholders. However, the provisions of Law Number 40 of 2007 are still unable to protect the interests of shareholders in terms of corporate actions to reduce capital because there is still legal ambiguity in the phrase \"reasonable price\" in Article 61 of Law Number 40 of 2007 and the absence of norms regarding the mechanism reduction of capital through shares with a classification that can be withdrawn. This research is a normative research that uses a statutory approach and an analytical approach. The results of this study are that there are still weaknesses in the Limited Liability Company Law, where there is no regulation regarding a fair price in a share recall transaction through a share withdrawal mechanism with a retractable classification and no explanation regarding the definition of \"reasonable price\" in the share recall mechanism. through shares that have been bought back by the Company.
 KEYWORDS: Capital Reduction, Fair Price, Shareholders.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135812357","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":"Kedudukan Hukum Badan Bank Tanah Dalam Pengadaan Tanah Untuk Kepentingan Umum","authors":"Rahadiyan Veda Mahardika, Gatot Suyanto","doi":"10.19184/jik.v3i2.36432","DOIUrl":"https://doi.org/10.19184/jik.v3i2.36432","url":null,"abstract":"The provisions in the Omnibus Law of the Job Creation Law Number 11 of 2020 regulates one of them regarding land. This land regulates the authority of the state in regulating the designation, use and management of land which is manifested by the Government Regulation Number 64 of 2021 concerning the Land Bank Agency. The Land Bank Agency has the authority to prepare master plans, help provide ease of Business Licensing/approval, carry out land acquisition, and determine service rates. In practice, Land Banks generally have advantages and disadvantages that have an impact on national land law. This study aims to describe and explain the Land Bank regulation in the Job Creation Act and the Government Regulation concerning the Land Bank Agency and the implications for the national land law.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126721285","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":"Pendaftaran Tanah Sistematis Lengkap (PTSL) Terhadap Tanah Registrasi Desa (Letter C) di Desa Mangli Wetan, Kecamatan Tapen, Kabupaten Bondowoso","authors":"Elzha Putri Widya Yurisa","doi":"10.19184/jik.v3i2.36443","DOIUrl":"https://doi.org/10.19184/jik.v3i2.36443","url":null,"abstract":"Bondowoso Regency Land Office is carrying out Complete Systematic Registration (PTSL) activities with 12 (Twelve) villages in Bondowoso Regency, one of which is in Mangli Wetan Village, Tapen District with the target of Land Rights Certificates (SHAT) and PBT (Map of Fields). Land) in the amount of 1600 (One Thousand and Six Hundred) plots of land which must be completed in 2022 (Two Thousand Twenty Two). Mangli Wetan Village is one example that indigenous peoples still maintain customary land law in Mangli Wetan Village with a large amount of uncertified land and land that has been transferred before the Village Head and crossed out in the Village registration book (Letter C). This study aims to determine the government's strategic program carried out by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through Complete Systematic Land Registration (PTSL), especially for lands recorded in the Village Registration Book (Letter C) whose rights have not been certified in Mangli Village. Wetan, Tapen District, Bondowoso Regency. The belief in the existence of customary law that arises has become the foundation and stronghold for indigenous peoples to prevent disputes for the people in Mangli Wetan Village. Therefore, appreciation is needed for indigenous peoples in Mangli Wetan Village, Tapen District, Bondowoso Regency.","PeriodicalId":196521,"journal":{"name":"Jurnal Ilmu Kenotariatan","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126602429","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}