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Acta Comitas
Published by Universitas Udayana
ISSN : 25028960     EISSN : 25027573     DOI : -
Core Subject : Social,
Arjuna Subject : -
Articles 127 Documents
KEDUDUKAN KUASA MENJUAL ATAS DASAR SURAT KETERANGAN NOTARIS TENTANG PEMBAYARAN LUNAS DALAM PEMBUATAN AKTA JUAL BELI BALIK NAMA , SH, Sumardi
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p01

Abstract

Agreement Cordage Deed of Sale-Buy and Sell Attorney basically represent evidence appliance showing tied of the parties in an agreement about goods and price / object as sales contract. Meanwhile by normatif, problem to existence of sell attorney which was utilized in registration of land right switchover did not be arrangement in Government Regulation No. 24 Year 1997 about Land Registry. The blankness of the Norm had caused the happening of solving of registration of land right switchover which different each other between PPAT according to knowledge had and its bravery strive invention of law. Based of the situation, hence problem of this research is how to exsitance Notary letter statement which is power with sell as base making of sale act buy to return the name of made by and/or before PPAT and do attorney Sell following Notary letter statement can be conceived as an absolute power and sale-buy to name return can be made by appliance to registration of land right switchover at Land Office. Based on the blankness of norm in the Government Regulation No. 24 Year 1997 for the existence of Agreement Cordage Deed of Sale-Buy and Sell Attorney, hence this research was be classified into normative legal research with appproached by conceptual and statute appproach. The legal materials of this research were based on primary, secondary and tertiary legal materials. The legal materials was be descripted henceforth to be interpreted, systematization, analysed, evaluated and also given argument to get conclusion of the problems. Result of the research indicate that dimiciling Notary statement letter with attorney sell was as aid agreement and act underhand as a mean to protect buyer position as well as to help the Notary/PPAT work in making sale-buy act along with registration of land right switchover becoming sales object. Meanwhile, have the sell attorney following Notary  statement letter non as absolute attorney, but as a help deed from antecedent agreement (aid agreement) functioning and have a purpose to draw up, to affirming, strengthening, arranging, altering or finishing its sales contractual terms before notary/PPAT come up with registration of land right switchover becoming sales object.
PERTANGGUNG JAWABAN NOTARIS DALAM PEMBUATAN AKTA BERDASARKAN PEMALSUAN SURAT OLEH PARA PIHAK Purnama Diana, Putu Vera; Mertha, I Ketut; Artha, I Gede
Acta Comitas Vol 2 No 1 (2017)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i01.p15

Abstract

Law No. 30 of  2004 (UUJN) as well as in Law No. 2 of 2014 about Amendment of  the Notary position law (UUJN Amendment) have not set the presence of legal sanctions on delinquency of article 15 of the UUJN Amendment in relation to the criminal aspect which is when the notary is not applying the article provisions will lead to the acts of falsifying letters or certificates as referred in article 263, 264, and 266 of  the Criminal Code (KUHP) that will give  disadvantage to the concerned  parties. Therefore, this study attempts to analyze and answer issues concerning the responsibility of a notary in the case of letter  forgeries committed by the parties on making deed according to the Notary law. And could notary asked to held for accountability when there  disadvantages of either party as a result of false documents from other party This research qualified as a normative legal study that starts from the nonexistent norm. The research source was obtained from primary legal materials, secondary legal materials and tertiary legal materials. Legal materials that have been gathered up later been systematized, analyzed and given argumentation  to obtain conclusions on the issues discussed in this thesis. The research results showed that the responsibility of Notary in case of letter forgeries committed by the parties to making notary deed according to UUJN and UUJN Amendment is when the notary running their duty proved to have violated, notary have to responsible in accordance with the action in terms of accountability of the Administrative Law, Civil Law, which is in accordance with the sanction provision set forth in Article 84 and 85 of UUJN Amendment and code of ethics, but in UUJN and UUJN Amendment did not yet provide criminal sanctions. In practice it is found the fact that this violation is classified as a crime act committed by a Notary. Notaries can not be asked to held the resposibilities when there is disadvantage of either party as a result of false documents from other party, because Notary only record what was presented by the parties to be poured into the deed. False information that  submitted by the parties is the responsibility of the parties. In other words, which can be accounted for by a notary is fraud or trickery when it comes from notary own.
ANALISIS KEKUATAN PERJANJIAN NOMINEE SAHAM DALAM PERSEROAN TERBATAS PENANAMAN MODAL ASING (PT.PMA) Triwis, Sigit Teteki
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p02

Abstract

The use of nominee shares through nominee shares agreement has grown and developed well in the investing world, especially within the investors who establish PT. PMA. In short, the concept of nominee shares are done by both localand foreign investors. One of the causes of the nominee shares usageis because there is no rules in the Company Law that regulate, prohibit, and unequivocally ban the nominee shares by making the stock agreement. The law of prohibition to make nominee shares agreement or stock statement can only be found in the Capital Market Law, Article 33 paragraph (1) and paragraph (2). This research is a normative legal research that moves from the void norm within our laws. The approach used in this study is the legislation and analytic approach. The legal materials in this study are taken from the primary materials, secondary legal materials, and tertiary legal materials. The results of this study indicate the cause of the nominee shares usage by making nominee stock agreement, has already stated in the Company Law. However, it only explainsthe requirement that the PT has to be founded by two (2) or more persons, it does not give any detail requirements of how to be the shareholders. Other than to fill the Company Law, by filling the requirement of the PT establishment,the use of nominee agreement is due to the restriction of the line business for PT. PMA. The void of the norm has resulted in the violation within the limited liability company, in which one of the shareholders in PT. PMA is not the actual owner or nominee, but only the registered owner from certain number of shares. The law of prohibition of nominee shares in UUPM is considered inefficient because there is no strict regulations and prohibitions in the Company Law, thus, in practice, the use of nominee shares by making the nominee shares agreementgrows and develops through the simulation or indirect agreement, known as the arrangement agreement.
Pengesahan Akta Notaris Bagi Penghadap Yang Mengalami Cacat Fisik Swandewi, Ida Ayu Putu
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p03

Abstract

The article 44 paragraph (1) of Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public (hereinafter referred UUJN-P) provision a duty for the appearer to sign the notarial deed after having been read by the notary public, with the exception when the appearer is unable to put his or her signature then the appearer should mention the reason and it will be stated explicitly at the end part of the notarial deed. On the other hand, there is a difference in the arrangement of Article 16 paragraph (1) letter c of the UUJN-P namely the existence of an obligation that the notary public must affix the letters and documents as well as the fingerprint of the appearer on the minutes of the deed. The problem that arises is what if the appearer is illiterate, having handicapped or paralyzed hand so that he or she could not put his or her signature on the notarial deed, whether he or she is required to put his or her fingerprints on the minutes of the notarial deed as a form of his/her personal authentication on the notarial deed or as a form of his/her approval, weather the fingerprint can replace a signature, whereas what is meant by the fingerprint here also raises different interpretations. The study is a normative legal research, it is as a result of a vacuum of norm about the signing of notarial deed when the appearer have physical disabilities that he or she cannot sign a notarial deed and to perform validation on an authentic notarial deed that he/she made. In addition, there is a duty of the notary to affix the fingerprint of the appearer on the minutes of the notarial deed, whether this provision also applies to the appearer who cannot sign the notarial deed because of his/her disability. The materials used are the primary, secondary and tertiary legal materials. The results of the study indicate that the legal arrangements for the legalization of the notarial deed for the appearer who has a physical disability, especially in his or her hands, as well as the obligation to attach fingerprints on the minutes of the notarial deed has not been expressly stipulated in the Law Number 30 of 2004 (UUJN) and the UUJN-P. In particular to Article 44 paragraph (1), (2) and Article 16 Paragraph (1) c. that stipulate the appearer who has a physical disability condition can authenticate the notary deed, on condition that, the deed is eligible and conforms to the rules in Article 1320 of the Civil Code, Article 1868 of the Civil Code of the authentic deed and the Law Number 30 of 2004 of the Law on Notary Position in conjunction with the Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public.
TANGGUNGJAWAB PENGURUS LPD DALAM PENGELOLAAN KEUANGAN DESA PAKRAMAN Rama Darmawangsa, I Gusti Ngurah; Mertha, I Ketut; Sarjana, I Made
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p02

Abstract

One of the non-bank financial institutions in Indonesia, especially in Bali is the Village Credit Institutions (LPD). As a non-bank financial institutions, the different LPD system implemented by the banking system in general, which tends to prioritize its activities to pursue distinct profit entity with LPD more mengutakan the interests and welfare of the community by providing a wide range of easiness. Along with the development and existence are increasingly being recognized and trusted by the public, then there is also improvement of its regulation of LPD that until today has undergone improvements to the issuance of Bali Provincial Regulation No. 3 of 2007 on Credit Institutions Desa (LPD). From this background, this thesis research moved from the management arrangements and accountability form LPD relating to the financial management of the Pakraman and customers. This study uses normative law research with the consideration that the starting point of the research is the analysis of the norm vague in terms of monitoring the implementation of the LPD, the approach used to address the problem is the approach of legislation, the conceptual approach and the approach to history while the legal materials used are legal materials legislation and analysis used is the analysis of grammatical interpretation, interpretation of systematic and historical interpretation that subsequent analysis based on relevant theories. The results of this study came to the conclusion that the management arrangements end of the financial Pakraman conducted by LPD, by adhering to the precautionary principle in order to LPD remain healthy, with provision concerns such as: capital adequacy, lending limits, the system klasivikasi loans, provision of spare borrowing hesitation (CPRR) sufficient, liquidity management, work plan and budget plan revenue expenditure (RK-RAPB) LPD and reports. LPD form of accountability in financial management and customer Pakraman where the board to submit a report on the activities, developments and liquidity LPD regularly every month and report every three months to the level of supervisor, BPD, PLPDK, and prajuru village.
Penggunaan Blanko Akta Pejabat Pembuat Akta Tanah Dengan Diterbitkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012 Swandewi,SH, Ni Luh Putu
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p04

Abstract

One action of realizing the objective of the enactment of the Basic Agrarian Law is the implementation of land registration by using a Land Deed Official certificates as proof of registration of land. The existence of the certificate forms of the Land Deed Official regulated by the Regulation of the Head of National Land Agency Number 3 of 1997 which was then amended by the Regulation of the Head of National Land Agency Number 8 of 2012, both of them regulate about the Land Deed Official certificate using the land certificate forms. The legal consequences of the abovementioned fact raises questions of the followings: What is the legal standing of the land certificate forms issued by a Land Deed Official under the Regulation of the Head of National Land Agency Number 3 of 1997 which has been used by a Land Deed Official as an evidence of transfer of registration of land rights in the Land Affairs Office after the date of March 31, 2013 by the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012 and what efforts should be taken by the Land Deed Officials in the event that the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 is not acceptable as an evidence of transfer of registration of land rights after the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012. The study is an empirical legal research, examining the gap between the theories (das solen) with the practices (das sein) in which in the Head of National Land Agency Regulation Number 8 of 2012 Article II point 1 letter a, stipulates that a land certificate form of the National Land Agency (BPN) can still be used. Whereas, in the letter b states that the land certificate forms of the National Land Agency which are no longer being used, shall be returned. In practice, in the Land Deed Official office, the use of a land certificate form of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 cannot be accepted in the Agrarian Office. The data and the data sources of this empirical legal research are primary, secondary and tertiary data. The findings of the study indicate the legal standing of the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 after the date of 31 March 2013 by law (de jure) is no longer considered as the certificate of the Land Deed Official, but as the evidence of the legal acts set forth therein as the perfect evidence. On the other hand, in practice, the certificate cannot be used as registration evidence by the Agrarian Office, and the solution is to summon the parties to re-sign.
AKIBAT HUKUM LIKUIDASI BANK TERHADAP KEBERADAAN AKTA PEMBERIAN HAK TANGGUNGAN (APHT) Bagus Hendra Praditya, I Gusti Agung; Arya Utama, I Made; Westra, I Ketut
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p03

Abstract

Dalam era globalisasi seperti saat ini dimana pembangunan dan pertumbuhan ekonomi berkembang pesat, menuntut manusia untuk memenuhi segala macam kebutuhan hidupnya. Adapun yang ingin berusaha dapat memanfaatkan jasa perbankan dengan melakukan pinjaman kredit kepada lembaga perbankan dengan jaminan tanah yang dalam prosesnya akan diikat dengan Akta Pemberian Hak Tanggungan, namun bagaimana apabila dalam perjalanan bank yang memberikan kredit tersebut mengalami likuidasi dikarena pengelolaan yang buruk, bagaimana akibat dan perlindungan hukumnya, sehingga dalam rumusan masalah penelitian ini antara lain Bagaimanakah akibat hukum terhadap Akta Pemberian Hak Tangungan dalam hal suatu bank dilikuidasi dan Bagaiamanakah perlindungan hukum terhdap pemilik barang jaminan dengan Akta Pemberian Hak Tanggungan dalam hal suatu bank dilikuidasi. Penelitian Tesis ini menggunakan metode penelitian hukum normatif, dengan pendekatan perundang-undangan, yang dikaitkan dengan pendekatan konsep dan pendekatan analisis. Pendekatan perundang-undangan yang berkaitan dengan permasalahan dalam penelitian tesis ini yaitu dengan mengkaji  dan menganilis Undang-Undang Nomor 7 Tahun 1992 sebagaimana telah diubah dengan Undang-Undang Nomor 10 Tahun 1998 Tentang Perbankan, Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan, dan Undang-Undang Nomor 24 Tahun 2004 Tentang Lembaga Penjamin Simpanan dan Pendekatan konsep untuk menemukan konsep bagi suatu fakta hukum akibat dari likuidasi bank terhadap akta pemberian hak tanggungan dan pendekatan  analisi untuk menganalisis bagaimana makna pada istilah hukum yang terdapat dalam peraturan perundangan-undangan untuk dapat memberikan perlindungan hukum bagi masyarakat. Hasil penelitian menunjukkan bahwa akibat hukum likuidasi bank terhadap akta pemberian hak tanggungan bila sudah didaftarkan di kantor pertanahan mempunyai kekuatan dan memberikan kepastian hukum  bagi kedua belah pihak, namun apabila dalam prosesnya terjadi likuidasi terhadap bank tersebut jaminan yang dijaminkan dengan akta pemberian hak tanggungan dapat dilelang atau kredinya di take over ke bank lain, dan apabilan proses yang dijalankan semua sesuai dengan aturan perundang-undangan  juga  akan memberikan perlindungan hukum baik perlindungan hukum preventif dan represif.
Bentuk Surat Kuasa Membebankan Hak Tanggungan Setelah Dikeluarkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012 Tentang Ketentuan Pelaksana Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah Selvyana Putri Pratamikha, Ni Putu
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p05

Abstract

The Power of Attorney of the Encumbrance Rights (SKMHT) is a special power of attorney which includes the power to impose the provision of encumbrance by the encumbrance grantor to the recipient of the encumbrance or other person authorized to it. The Power of Attorney of the Encumbrance Rights (SKMHT) must be made in two forms namely the notarial deed or the deed of the land deed official (PPAT) as stipulated by the provisions of Article 15 paragraph (1) of the Law Number 4 of 1996 on the Encumbrance Rights of the Land Along with Bodies Relating to Land. The enactment of the National Land Agency Regulation Number 8 of 2012 requires that the SKMHT shall be made ??in accordance with the format of the attachment of the Regulation. . While the SKMHT in the form of notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT). This results in the different arrangements resulting in the lack of uniformity of the SKMHT forms made ??by a notary or the land deed official (PPAT) which giving rise to the legal uncertainty of the form of the SKMHT and the legal effect of the SKMHT made in the form of a notarial deed. The study is a normative legal research, intended to examine the differences in the SKMHT arrangement between the provisions of Article 15 paragraph (1) of The Encumbrance Rights (UUHT) with the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012. The study uses the statutory approach that is supported by the literature, legal theory, the opinions of the scholars, as well as the legal dictionaries, as its legal materials. The findings of the study show that the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 does not abolish the SKMHT  in the form of a notarial deed as provided in Article 15 paragraph (1) of The Encumbrance Rights (UUHT). the SKMHT in the form of a notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT), while the SKMHT in the form of the land deed official (PPAT) shall be made in accordance with the provisions of the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 along with its attachments. It is expected that the firm provisions which regulate the SKMHT in the forms of the notarial deed should be enacted in order to create its legal certainty.
STATUS DAN KEDUDUKAN LEMBAGA PERKREDITAN DESA (LPD) TERKAIT PENGIKATAN JAMINAN DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2013 TENTANG LEMBAGA KEUANGAN MIKRO Devi Jayanthi, Ni Made; Wairocana, I Gust i Ngurah; Wiryawan, I Wayan
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p04

Abstract

Lembaga Perkredi tan Desa (LPD) i s a f inancial inst i tut ion owned by desapakraman which has special characteri st ics. The said special charac teri st ic,speci f ical ly located on the obl igat ions of LPD to desa pakraman which has aphysical nature/ sekala and al so a non -physical nature/ni skala. These caused ourcent ral government to grant exclusion on the exi stence of LPD i t sel f in Law No. 1Year 2013 regarding Micro Financial Inst i tut ion.The type of thi s research i s an appl ied normat ive legal research by t racingdocument s as primary legal material s. Thi s research used statue and conceptualapproaches.LPD i s only exi st in Bal i , therefore, LPD i s o nly become a legal subject to AdatLaw in Bal i . The said exclusion has rai sed a confusion since al l thi s t ime the legalstatus and standing of LPD in every regulat ion i s considered equal to a regularFinancial Inst i tut ion. Therefore, in order to legal ly bi nd a guarantee in a credi tt ransact ion i t must always refer to the legi slat ion in accordance wi th our posi t ivelaw.
Kesaksian Notaris Mengenai Akta Perjanjian Kredit Berkaitan Dengan Rahasia Jabatan Notaris Dalam Peradilan Pidana Ayu Made Semilir Susila, I Gusti
Acta Comitas Vol 1 No 1 (2016)
Publisher : Universitas Udayana

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2016.v01.i01.p06

Abstract

Notary in performing his position must be able to keep the trust given by the parties in the form of notary position secret as set out in Law Number 30 Year 2004 and Law Number 2 Year 2014. Notary gives his service in many fields of civil law, including in banking field. Banking institution in performing its business activity is also obliged to keep its customer secret in the form of bank secret, as set out in Law Number 10 year 1998. Notary’s position in the case of giving his service to make bank credit agreement deed does not set clearly in Banking Law. Later this also causes unclear thing in limiting notary’s responsibility in giving evidence regarding credit agreement deed in the case that the bank has been excluded for the interest of criminal judicature. The type of this research is normative law research which starts from the existence of haziness regarding notary position in Banking Law and its amendment, and norm haziness regarding notary responsibility in giving evidence about credit agreement deed in criminal judicature. This research uses law, conceptual, and historical approach. The law material used in this research is primary law material, secondary law material, and tertiary law material. The law material collection technique used is literature study. The result shows that notary in giving his service to make bank credit agreement deed has position as affiliated party. It brings consequence that notary responsible to keep the things set as bank secret. In his position as witness in criminal judicature, notary responsible and shall to give evidence related to the things set in the beginning or head of the deed and the things related to the making process of a bank credit agreement deed to be able to be said as authentic deed that has perfect verification authority, but notary does not responsible in giving evidence in accordance with the things including bank secret category.

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