Sultan Agung Notary Law Review最新文献_第9页

Legal Protection for Auction Winners of Liability against Transition of Land Rights Certificates 土地权证转让对拍卖中标人的法律保护

Sultan Agung Notary Law Review Pub Date : 2021-12-17 DOI: 10.30659/sanlar.3.4.1320-1330

Marliyanti Praja Kusuma, S. Kusriyah

{"title":"Legal Protection for Auction Winners of Liability against Transition of Land Rights Certificates","authors":"Marliyanti Praja Kusuma, S. Kusriyah","doi":"10.30659/sanlar.3.4.1320-1330","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1320-1330","url":null,"abstract":"In this journal the author has two objectives in this research, first, To find out and analyze the legal protection of the auction winner of mortgage rights in the transfer of land rights certificates and To find out and analyze the legal position of the transfer of land rights certificates for the auction winners in the construction of legal certainty. The approach method in this research is normative juridical where this research provides a detailed, systematic and comprehensive description in which the author examines and studies the norms contained in the legislation. The research specification is a descriptive analysis that is limited to efforts to reveal a problem or situation or event as it is, so that it is merely revealing facts. The data required includes primary data, secondary data, and tertiary data. Taken by data collection method, data analysis method using qualitative approach, namely understanding the data through collecting, filtering, analyzing and making conclusions on the data obtained throughout the research systematically. Based on the research, it can be concluded that legal protection for legitimate auction winners is still difficult in practice. The existence of disputes and lawsuits from land owners does not provide legal certainty of the status of the auction object being sold where buyers who have good intentions participate in the auction process and have fulfilled their obligations but sometimes cannot immediately enjoy the goods purchased. Although the acquisition of the object of the auction in the form of a Mortgage object is in accordance with the procedural and legally valid, however, the administrative requirements at the Land Office cannot be carried out due to the status quo.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124726470","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

The Comparison of Supervision of Notaries and Land Deed Making Officials 公证员与土地契约官员监督之比较

Sultan Agung Notary Law Review Pub Date : 2021-12-15 DOI: 10.30659/sanlar.3.4.1274-1285

Sulthon Faiz Saifuddin, I. Maerani

{"title":"The Comparison of Supervision of Notaries and Land Deed Making Officials","authors":"Sulthon Faiz Saifuddin, I. Maerani","doi":"10.30659/sanlar.3.4.1274-1285","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1274-1285","url":null,"abstract":"Notaries and Land Deed Making Officials are public officials who are given the task, obligation and authority to make authentic deeds and are usually held by one person. Supervision of notaries and Land Deed Making Officials is a must because mistakes or omissions often occur during carrying out their positions. The author in this study tries to compare the supervision carried out on the notary and the Land Deed Making Officer with the aim of knowing the advantages and disadvantages of each supervisor based on the theory of supervision. This research is a normative juridical research by examining secondary data which is analyzed deductively. There are two legal theories used in this research, namely the theory of state power and the theory of supervision. The results showed that the supervision of the notary was carried out by two supervisory institutions, namely the Supervisory Council and the Honorary Council, while the supervision of the Land Deed Making Officer was carried out by two institutions, namely, the Supervisory Council and the Supervisor of the Land Deed Making Officer and the Association Honorary Council. Comparison of supervision between supervisory institutions is focused on four things, namely the form of supervision, type of supervision, supervisory mechanism and authority & scope of supervision. Based on these four things, the Supervisory Board is the best supervisory agency, while the other three supervisory institutions need to be improved through changes or additions to their legal rules.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114339573","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 Due to the Non-Competition Clause in Franchise Contract 特许经营合同中竞业禁止条款的法律保护

Sultan Agung Notary Law Review Pub Date : 2021-12-15 DOI: 10.30659/sanlar.3.4.1252-1260

M. Rosyadi, D. Djunaedi

{"title":"Legal Protection Due to the Non-Competition Clause in Franchise Contract","authors":"M. Rosyadi, D. Djunaedi","doi":"10.30659/sanlar.3.4.1252-1260","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1252-1260","url":null,"abstract":"This study aims to: 1) Knowing and analyzing the legal protection due to the non-competition clause in the franchise agreement, 2) Knowing and analyzing the non-competition clause that has fulfilled the elements of article 1320 of the Civil Code regarding the terms of the validity of the agreement, 3) Knowing the example of the deed franchise agreement. The research method used in this study is a normative juridical method with secondary data sources. The research specification used is descriptive analysis. Researchers used normative research specifications with secondary data sources. The secondary data used by the researcher was collected by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it was easy to read. The data analysis method used by the researcher consists of the stages that the secondary data obtained will be used for descriptive-qualitative analysis. Based on the research, it is concluded that the legal protection due to the non-competition clause in the franchise agreement of Serba Wenak Restaurant is explained that in Article 13 of the draft franchise contract regarding trade secrets that franchisees are required to keep the system, management and methods of restaurant management secret from the franchisor during their tenure. The term of the agreement lasts or has expired. One of the characteristics of the Versatile Restaurant franchise is that there must be a written agreement (contract), In this case, the Serba Wenak Restaurant franchise agreement is stated in the deed of agreement that has been agreed upon by the franchisor, represented by the company director, Mr. Drs. M. Adung Darmadung with the franchisee, Mrs. Leni Marleni.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128930893","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

Juridical Analysis of Heirs Negligence of a Notary in Submission of a Notary Protocol who Dies 死亡公证员提交公证协议书中继承人过失的法律分析

Sultan Agung Notary Law Review Pub Date : 2021-12-15 DOI: 10.30659/sanlar.3.4.1261-1273

Mohamad Zanuar Soniaji, Siti Rodhiyah Dwi Istinah

{"title":"Juridical Analysis of Heirs Negligence of a Notary in Submission of a Notary Protocol who Dies","authors":"Mohamad Zanuar Soniaji, Siti Rodhiyah Dwi Istinah","doi":"10.30659/sanlar.3.4.1261-1273","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1261-1273","url":null,"abstract":"The author in this paper takes the title above because he wants to know about the negligence of the Notary's heirs in the delivery of the Notary's protocol that has died, how is the responsibility of the heirs in the submission of the Notary's protocol that has died and is there legal protection for the community if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol. This study uses a normative juridical approach and the data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The responsibility of the heirs in the submission of the protocol of a notary who dies is to notify the notary's death to the Notary Supervisory Council (MPD) no later than 7 (seven) working days, and submit the protocol of the notary to another notary or the Regional Supervisory Council (MPD). The responsibility of the heirs is not related to the contents of the deed made by the notary, the responsibility for the deed of a notary who dies cannot be passed on to his heirs or to the notary who holds the notary protocol. Legal protection for the public if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol, namely the Notary Protocol as a state archive if it is not immediately submitted to the competent authority, namely the Regional Supervisory Council or the Notary appointed as the Protocol Recipient exceeding the period determined by law, feared that it could be damaged, or even lost. Taking the Notary protocol that has not been handed over to the heirs is a form of legal protection to the community. The purpose of storing this Notary protocol is also a form of legal protection to the public. Notary protocol storage as a vital archive and must be stored and maintained properly as an anticipatory measure for conflicts by the parties in the future.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134180604","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

Implementation of Application of Mortgage Rights Electronically 抵押权申请电子化的实施

Sultan Agung Notary Law Review Pub Date : 2021-12-15 DOI: 10.30659/sanlar.3.4.1242-1251

Ahmed Alfatino, Widhi Handoko

{"title":"Implementation of Application of Mortgage Rights Electronically","authors":"Ahmed Alfatino, Widhi Handoko","doi":"10.30659/sanlar.3.4.1242-1251","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1242-1251","url":null,"abstract":"The purpose of this research is to find out and analyze the implementation of mortgage rights electronically in the conception of legal certainty. To find out and analyze the effectiveness of the implementation of mortgage rights electronically. The method used by the researcher is Juridical Empirical (sociolegal research) and the specifications in this study are descriptive analytical. Based on the results of the study that Implementation of Electronic Mortgage Implementation in the Conception of Legal Certainty is that the Granting of Mortgage shall be registered at the Land Office no later than 7 (seven) working days after the signing of the Deed of Granting of Mortgage. The obligation of PPAT to register the Deed of Granting Mortgage at the latest 7 days after being signed as mentioned above has not been running properly. In its implementation, it is still experiencing difficulties caused by the lack of socialization to Registrants regarding the application of the electronic system. The Effectiveness of the Implementation of Mortgages Electronically is that with the electronic-based policy, it is very effective and efficient for all related parties, namely the Community, PPAT, Banks, and the Government in the Mortgage Registration process.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130304031","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

The Inheritance Grants without Approval of Any Heirs 未经继承人同意而授予遗产

Sultan Agung Notary Law Review Pub Date : 2021-12-13 DOI: 10.30659/sanlar.3.4.1211-1219

Takib Wilman Hakim, Akhmad Khisni, Amin Purnawan

{"title":"The Inheritance Grants without Approval of Any Heirs","authors":"Takib Wilman Hakim, Akhmad Khisni, Amin Purnawan","doi":"10.30659/sanlar.3.4.1211-1219","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1211-1219","url":null,"abstract":"The purpose of this study was to find out and analyze the legal considerations of the panel of judges to adjudicate a dispute over the Deed of Grant of Land Rights to one of the prospective heirs without the consent of the other prospective heirs in the Cirebon District Court Decision Number. 18/Pdt.G/2017/PN.Cbn. To find out and analyze the Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law. The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive-analytical. Based on the results of the study that Legal Considerations of the Panel of Judges to adjudicate the Dispute on the Deed of Grant of Land Rights to One of the Prospective Heirs without the Approval of the Other Prospective Heirs it is appropriate to cancel the grant because if it is related to the legislation on grants, it has violated Article 211 KHI which is supported by considering evidence in the form of a certificate of distribution of land/agricultural/housing assets, the statement of the grant cannot be adjusted to the original and the object of the case determined as inheritance cannot be accepted because the inheritance has never been divided with other heirs. Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law on grant in Article 200 of the Compilation of Islamic Law is an act carried out in the context of delivering an item/object from the grantor to the grantee and the goods delivered are his own property.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123571676","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

The Execution of Third Party Mortgage Guarantees in Rural Bank Credit Agreements 农村银行授信协议中第三方抵押担保的执行

Sultan Agung Notary Law Review Pub Date : 2021-12-13 DOI: 10.30659/sanlar.3.4.1220-1227

R. Ananda, Umar Ma’ruf

引用次数: 0

Sale & Purchase of Land Under Hand With Testimony Sign by Village Head or Customary Head 出售及购买土地，并由村长或村长签署见证

Sultan Agung Notary Law Review Pub Date : 2021-12-13 DOI: 10.30659/sanlar.3.4.1228-1241

Yayuk Nur Hikmah, G. Gunarto

{"title":"Sale & Purchase of Land Under Hand With Testimony Sign by Village Head or Customary Head","authors":"Yayuk Nur Hikmah, G. Gunarto","doi":"10.30659/sanlar.3.4.1228-1241","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1228-1241","url":null,"abstract":"Land has a very important relationship and meaning for human life. Land is an immovable object or a fixed object whose ownership is regulated by the prevailing laws and regulations in Indonesia. Including the transfer of land rights due to buying and selling, the transfer of land from the seller to the buyer must use a valid or authentic proof of transfer made by the official making the land deed. In accordance with the laws and regulations. This study uses sociological juridical research methods, descriptive research specifications, aims to describe a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary law, secondary law and tertiary law. The research results that have been collected are then analyzed qualitatively. The formulation of the problem was analyzed using the theory of legal certainty, the theory of usefulness or legal expediency, and the theory of legal justice. Based on the results of the study, it can be concluded, buying and selling land under the hands is still often done because people are not aware of the law of buying and selling land and the importance of proof of the transfer of land rights. The process of implementing the sale and purchase of land in the presence of the Village Head or Customary Head in Seruyan Regency is the parties coming to the village head's office and requesting a transfer of sale and purchase letter or proof of transfer of land rights to the village head and bring the conditions determined by the Village Head. The solution so that land registration can be carried out is that the process of buying and selling land must be carried out again in the presence of PPAT.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131603362","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

The Role of Land Deed Officers in the BPHTB Payment Verification Process 土地契约主任在核实地契付款过程中的角色

Sultan Agung Notary Law Review Pub Date : 2021-12-13 DOI: 10.30659/sanlar.3.4.1202-1210

Fadhla Audina, T. Fajar

{"title":"The Role of Land Deed Officers in the BPHTB Payment Verification Process","authors":"Fadhla Audina, T. Fajar","doi":"10.30659/sanlar.3.4.1202-1210","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1202-1210","url":null,"abstract":"PPAT plays an important role in the sale and purchase of land, which has indirectly helped the Head of Regency/City BPN to carry out activities related to land. PPAT's position is very important in the delivery of transaction prices as the basis for determining BPHTB to the public. The deed of sale and purchase is made when the object and the transaction price have been agreed upon and have been paid in full by the buyer, but before that, tax verification must be carried out as the main requirement in the land sale and purchase transaction. A potential source of tax that should be explored according to the current economic situation and condition as well as the development of the nation's development is the type of Customs Tax on the Acquisition of Land and Building Rights (BPHTB). Fee for the acquisition of land and building rights, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and building rights. The role of the Land Deed Maker Officer in the verification process for BPHTB payments in Batang City is to examine and supervise the signing of the deed. BPHTB tax collection exists because of the transfer of rights to land and buildings so that PPAT will make a deed of sale if the taxpayer pays the BPHTB tax first. The Land Deed Maker official plays a very important role in the verification process of BPHTB payments for sale and purchase transactions of land and building rights in Batang City.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"192 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133036630","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

Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Sole Heirs 法院关于收养儿童作为唯一继承人的判决的司法分析

Sultan Agung Notary Law Review Pub Date : 2021-12-08 DOI: 10.30659/sanlar.3.4.1193-1201

Hikmatul Mahfiyyah, Jawade Hafidz

引用次数: 0