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Showing 7 articles found for "Notary"

Juridical Review: Basis for Making a Land Sale Deed by a Notary in the Correlation of Land Administration Issues

Sudjono, Ira
Abstract: This research aims to describe the Juridical Review: Basics for Making Land Sale Deeds by Notaries in the Correlation of Land Administration Issues. In this research, the normative legal research method is one where the… study is based on legal materials from literature. The research specifications used are analytical descriptive. The legal material collection technique used in this research is a documentation technique which is carried out by inventorying and categorizing legal materials such as statutory regulations, literature, and other legal materials. The data analysis method used is qualitative analysis, namely data obtained directly according to facts in the field. The results of PPJB's research are the initial agreement made by the seller and buyer as an initial binding before the AJB is made before the PPAT. The basis for making the PPJB by the parties is that the new APPJB is an agreement because not all payments have been made, APPJB where the payment has been made in full, but the AJB cannot be made before the PPAT, because the sale and purchase process has not been completed, for example: The certificate is still in the process of certificate splitting, and in the process of merging as well as various other reasons why AJB cannot be created.

Making Of Notary Deeds in An Emergency Period in Indonesia

Khalid, Afif
Abstract: A notarial deed is authentic, so its manufacture must meet formal requirements such as Article 16 paragraph (1) letter m UUJN. This study aimed to determine whether the provisions of Article 16 paragraph (1) letter m of… the UUJN can be fulfilled during an emergency such as the Covid-19 pandemic and whether the making of a notary deed can be done electronically. To discuss these problems, normative legal research is used, namely research on secondary data in the form of primary, secondary, and tertiary legal materials. The legal materials were collected through a literature study, then processed and analyzed descriptively and qualitatively. The study results show that the provisions of Article 16 paragraph (1) letter m UUJN must be fulfilled even in emergency conditions such as the Covid-19 pandemic because it involves the authenticity of the notary deed. Then, a notarial deed cannot be done electronically because the normative juridical UUJN does not regulate this problem.

ANALYSIS OF PROFESSIONAL ETHICS VIOLATIONS IN NOTARY PRACTICE CASE STUDY IN KISARAN CITY

Nurwandri, Andri, Nurasiah, Halizah, Shelly, Halizah, Rizki
Abstract: Violation. Ethics. Profession. Notary Public. can occur. In. Various forms, ranging from non-compliance with obligations to maintain confidentiality, permission from authorities, to making deeds that do not comply with legal… egal procedures. Many factors can trigger this violation, such as a lack of understanding of the code of ethics, economic pressure, and conflicts of interest. The impact of these violations not only harms the image of the notary profession, but also has the potential to reduce public trust in legal institutions as a whole.This research adopts a normative-juridical method, which involves literature study and analysis of secondary data. Data that includes secondary sources such as statutory regulations, scientific journals, research results, and so on is an important reference in understanding the authority of Article 67 paragraph (1) of the Law on the Position of Notaries (UUJN) which states that supervision of notaries is carried out by the Minister. In carrying out this supervision, the Minister formed a Notary Supervisory Council which is tasked with ensuring notary compliance with applicable regulations. Supervising notaries is a Supervisory Council created by the Ministry of Law and Human Rights. This institution consists of the Regional Supervisory Council (MPD), Regional Supervisory Council (MPW), and Central Supervisory Council (MPP).According to I Gede A.B. Wiranata, there are eight factors that can influence the decline in morality in the legal profession. These factors include profession, business orientation in carrying out the profession, lack of social awareness and care, stagnation in the justice system, influence of position, consumer lifestyle, weak faith, and the influence of family characteristics. If a notary is involved in violations such as falsifying client data, making deeds that favor one party, or providing false information to clients, this can threaten his career. The client has the right to report the action to the Honorary Council to provide sanctions to the notary in accordance with the applicable code of ethics. Apart from that, clients can also report these actions to the police, which could potentially result in criminal legal consequences for the notary concerned. Therefore, notaries are obliged to carry out their duties based on a professional code of ethics.In general, the position of a notary is regulated in Law Number 30 of 2004 concerning the Position of Notaries, which has been updated through Law Number 2 of 2014, and based on the guidelines contained in the Notary Code of Ethics prepared by the Indonesian Notary Association (INI) in 2005 and updated in 2015.  

ROLE OF PROFESSIONAL ETHICS IN MAINTAINING NOTARY INTEGRITY IN INDONESIA: A PERSPECTIVE OF THEORY AND PRACTICE

Sapriana, Bela, Nurwandri, Andri, Arofi, Joe, Diana, Triwi
Abstract: This study aims to examine the role of professional ethics in maintaining the integrity of notaries in Indonesia, by adopting a theoretical and practical perspective. Notaries as public officials who have the authority to… o make authentic deeds play an important role in the legal system in Indonesia. This research method is qualitative descriptive. This study analyzes how professional ethics can function as a moral and legal guideline for notaries, and how the application of ethical principles can reduce the potential for violations that are detrimental to society and the state. The results of the study provide insight into the importance of ethics education for notaries, supervision from authorized institutions, and enforcement of codes of ethics in maintaining the integrity of the notary profession in Indonesia. The results of the study indicate that strengthening professional ethics can improve the quality of notary services, while strengthening public trust in this profession.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF MK DECISION NO. 69/PUU XIII / 2020

Annisa Purba
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF THE CONSTITUTIONAL CONSTITUTIONAL CONSTITUTION 'S DECISION

Rico Lubis, Carlos Sianturi
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF MK DECISION NO. 69/PUU XIII / 2015  (Analysis of Determination Number 80/Pdt.P/2020/PN.Ptk)

Jaka
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.