I Made Pria Dharsana, I Made Pria
Program Studi Magister Kenotariatan, Program Pascasarjana, Universitas Udayana, Denpasar, Bali, Indonesia

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ANALISIS KEABSAHAN AKTA NOTARIS TENTANG SEWA MENYEWA TANAH DENGAN BUKTI KEPEMILIKAN DALAM BENTUK PIPIL Wibawa, Anak Agung Ade Jaya; Windia, I Wayan; Dharsana, I Made Pria
Kertha Pertiwi Vol 10, No 2 (2014): Oktober 2014
Publisher : Kertha Pertiwi

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Abstract

Land has an important meaning for society, both in terms of economic, social. Each person will tryto meet the need for land, each person will be trying to acquire the land as much as possible. One effortthat is often made is to lease the land.Lease is a form of reciprocal agreement, lease agreement should not be loose rather than legalprovisions applicable in Indonesia, namely the draft Civil Code (hereinafter referred to as the CodeCivil). Regarding the legitimacy of agreements governed by Article 1320 of the Civil Code, among others:the agreement of the parties, the skill of the parties who made it, a certain object and a lawful reason.Lease agreement will give rise to the rights and obligations of the parties who made it. Agreements madelegally valid as the law for those who make it, it is stipulated in Article 1338 of the Civil Code.This thesis uses empirical legal research methods to approach legislation, which was associatedwith the approach of the case and facts approach. Regulatory approach is done by reviewing andanalyzing legislation relating to the regulation of land namely Law No. 5 of 1960 Concerning BasicPrinciples of Agricultural and Government Regulation No. 24 of 1997 on registration of land, and a case approach is used to assess how the lease agreement with the object of ownership in the form of finelymade in a notarial deed, as well as the fact approach to the fact that occur in the field of the ground leasewith the object of ownership in the form of finely.The results showed that it is legitimate rental agreement with the finely object. When referring toone of the principles is the principle of konsensualisme agreement, in which agreement has been born if ithas the agreement of the parties. So also with the object of the agreement is not something that isprohibited by the Act. As for the possible problems arising from the agreement is to be done with the effortboth preventive and repressive laws of the realm of civil and criminal law
PENGATURAN PENCEGAHAN KEPAILITAN MELALUI KOMBINASI INSOLVENCY TEST, REORGANISASI PERUSAHAAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Berna A, Antonius I Gusti Ngurah Putu; Murni, R. A. Retno; Dharsana, I Made Pria
Kertha Pertiwi Vol 10, No 2 (2014): Oktober 2014
Publisher : Kertha Pertiwi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (71.575 KB)

Abstract

Bankruptcy law in Indonesia is obliged to observe and comply with the regulations set out in LawNo. 37 of 2004 concerning Bankruptcy and Suspension of Debt Obligation Payment (PKPU). Therequirements of bankruptcy decision are stipulated in Article 2 paragraph (1). These regulations causeproblems due to the vagueness of norms; that the bankruptcy terms are too simple, so it would cause thedebtor who actually still in good financial state sentenced into the bankruptcy state. A mechanism ofprotection for both debtors and creditors is needed so they are not harmed in the bankruptcy process.Therefore a regulation of bankruptcy prevention through a combination of Insolvency Test, CorporateReorganization and PKPU is needed, so that bankruptcy law can be applied in line with the objectives ofnational economic development. Based on this, the problems those can be formulated are about what themajor on regulation of combination system of Insolvency Test, Corporate Reorganization and PKPU andhow the prevention regulation of a company tangled on bankruptcy by using combination system ofInsolvency Test, Corporate Reorganization and PKPU.
TANGGUNG JAWAB NOTARIS TERHADAP AKTA OTENTIK YANG BERAKIBAT BATAL DEMI HUKUM PADA SAAT BERAKHIR MASA JABATANNYA Pertiwi, Selly Masdalia; Sirtha, I Nyoman; Dharsana, I Made Pria
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p09

Abstract

Article 65 of the Law Number 2 of 2014 on the Amendment of Law Number 30 Year 2004 concerning the Notary Position states that: "Notary, Substitute Notary, Substitute Special Notary and the Acting Notary are responsible for every deed he or she has made??, although the Notary Protocol have been delivered to the depositary Notary Protocol". The ambiguity of norm in this Article leads to the interpretation that a Notary is responsible indefinitely for the rest of his/her life to the deed made, even though his/her tenure has expired. Notary is responsible for the deed he or she has made, without any exception when the deed is null and void. The question arises are as follows: what causes the authentic deed that is drawn up before Notary becomes null and void, and what is the liabilities of the Notary to the authentic deeds that declared to be null and void at the expiry time of his/her tenure. The study is a normative legal research, which departs from the obscurity of norms on the liabilities of a notary to authentic deeds considered to be null and void of the expiry of the notary’s tenure. The types of approach used were statutory and conceptual approaches. The legal materials used were primary, secondary, and tertiary legal materials, through the technique of literary review by a card system. To analyze the legal materials, it was used a descriptive and interpretative techniques as well as the grammatical interpretation. The results of this study indicated that an authentic deed of Notary considered to be null and void, if it does not meet the requirements of Article 1320 of the Civil Code regarding the terms of a valid agreement, Article 1868 of the Civil Code regarding the authenticity of the deed, Articles in the Law of Notary Position/UUJN particularly Article 16 paragraph (1) letter l, Article 16 paragraph (1) letter (k), Article 44, Article 48, Article 49, Article 50 and Article 51. In addition, a deed also must not conflict with the Notary Code of Ethics and the applicable laws and regulations associated with the deed. A notary who has ended his/her tenure is held responsible if the authentic act has been proved to be null and void and has not expired before the thirty years since the deed was made. Based on the theory of fautes personalles, notary is personally responsible for his/her actions. There are 4 (four) types of the Notary liabilities, namely: rise to civil liability, criminal liability, liabilities based on the UUJN and under the Code of Ethics of Notary.