YURISDIKSI : Jurnal Wacana Hukum dan Sains

Juridical Review of Cancellation of Notary Deed

Mohammad Roesli, Dyah Ayu Septi Arinningtyas, Adies Kadir — Fri, 30 Dec 2022 00:00:00 +0700

The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. If it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. But if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. Criminal sanctions are not regulated in the Notary Position Act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the Criminal Code. While civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. Compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation.

Juridical Review of Transition of Rights to the Owner or Seller

Ammar Rosyadi, Mohammad Roesli, Priambodo Adi Wibowo — Fri, 30 Dec 2022 00:00:00 +0700

Land is a gift from God Almighty, therefore land is one of the supporting factors for livelihoods that are very important for the development of a just, prosperous, and prosperous society. For the sake of the progress of the nation, the Indonesian government made regulations regarding land in Indonesia, on September 24, 1960 a regulation regarding land in Indonesia was promulgated namely the Basic Agrarian Law (UUPA) Number 5 of 1960. One of the ways to achieve legal certainty and certainty of Land Rights is by registering land. The LoGA has regulated it in Article 19 of the LoGA which was then implemented, among others, in Government Regulation No. 10/1961 on Land registration (which was later declared no longer valid and replaced by Government Regulation No. 24/1997 on Land registration. This type of research used the type of research method. qualitative, namely by using a problem approach through a statutory approach. The sources and data collection used in this study are normative. The analysis used in this research is descriptive analysis method. The purpose of this study is to determine the transition rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the underage owner or seller.The results of this study explain that in registering the sale and purchase of property rights that are jointly owned with minors carried out before PPAT is to require a Court Determination because minors are not capable of acting in law with reference to the Criminal Code under the age of 21 years, unless they are married even though they are still under 21 years of age. In addition, the guardian's responsibility for managing the assets of minors, where the guardian acts the same as parents for minors when exercising the guardian's power, is a form of legal protection given to the assets of minors who are under the guardian's management in the form of supervision over the management. items from minors. The suggestion given by the researcher regarding the juridical review of the transfer of rights to the owner or seller of underage land is that there should be a more competent party in handling the task of supervising the responsibilities of the guardian, considering that the needs of children are currently growing and growing. Apart from that, it is imperative that the implementation of protection for minors be further improved.

Legal Consequences of Marriage Agreements Separation of Property Against Calculations Income Tax

Siswo Pranoto, Widyawatie Boediningsih — Fri, 30 Dec 2022 00:00:00 +0700

This study aims to obtain results on the legal consequences of separation of assets in tax calculations and the principle of fairness for tax calculations in accordance with the provisions of the Director General of Taxes. The research method used is normative juridical by using testing techniques through a statutory approach as well as applicable legal theories, concepts and principles compared to the implementation in the field, especially about the method of calculating the separation of assets in accordance with the regulations of the Director General of Taxes and the calculation should be if in accordance with the marriage agreement for the separation of property. The research provides results if using the calculation method in accordance with tax regulations, the couple is still owed tax and / or greater even though each of them has been deducted from income tax and should be nil. And the principle of legal justice that should be obtained by the taxpayer of separation of property on the mechanism for determining taxable income by tax regulations is not to occur because with the deed of marriage agreement for separation of property made before a Notary which is an authentic deed, it should be from the beginning that from the beginning everything is separate including with his property, but for taxes it is not recognized the deed because the income is combined first.

Legal Protection To Buyers Through PPJB Condotel

suwardi — Fri, 30 Dec 2022 00:00:00 +0700

The development of a residential property in business so attractive to operators property so that growth is very fast. Accompanied the population growth of it so dwelling that is required quite big so very interesting to handle market by developers because it very promising the property business.The purpose of this study is how the legal protection for condotel buyers using PPJB. This research method uses a normative legal study method that includes writing through the norms published in laws and regulations relating to regulations in the legal process and costs that lead to the implementation of buying and selling through PPJB. with the provisions of the Constitution number 20 of 2011 is expected to be in accordance with the applicable provisions. Results The responsibility of the payment of scope to make good the loss for business operators, namely a. demands based on defaults; and b. demands by all accounts unlawfully if it is associated Loss to the scope of their responsibilities, so any change to the hotel operator in the sphere of responsibility.

Juridical Study on the Criminal Acts of theft by Minors at the Surakarta

Supardi, Bastianto Nugroho, Supolo Setyo Wibowo — Fri, 30 Dec 2022 00:00:00 +0700

The purpose of this study is to analyze the punishment for the crime of theft committed by children. under age. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the study of the Juridical Study of the Criminalization Conducted by Judges Against the Crime of Theft Perpetrated by Minors in the Surakarta District Court based on Law No. 3 of 1997 concerning Juvenile Court. That the Surakarta District Court Judge has acted in accordance with the applicable laws and regulations, namely the Criminal Code, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In making a decision, the judge will consider several things, namely: evidence, the fulfillment of the elements of a criminal act, aggravating and mitigating matters, and the presence or absence of excuses and justifications. From these considerations, the judge handed down a decision against the naughty child. The punishment carried out by the Surakarta District Court judge against minors who commit the crime of theft is still far from the maximum penalty that can be imposed, which is in accordance with Article 11 paragraph (1) of Law Number 3 of 1997.

Improving Legislative Performance by Strengthening Authority and Increasing Obligations

Shelvi Rusdiana — Fri, 30 Dec 2022 00:00:00 +0700

The Regional Representative Council (In Indonesia: DPD/Dewan Perwakilan Daerah) is a government institution formed with noble intentions, to strengthen the representation of regional people so that their issues are fought for in the central government. However, in actual political practice, DPD is constrained by existing regulations in Indonesia, making DPD a legislative body without a clearly defined function and authority, and causing its inability to help increase the output of legislation. The legislature's performance, which increasingly often receives negative comments from the public, is a wake-up call for the Indonesian parliament to improve. This study aims to analyze the legal facts of the chaos of the Indonesian constitutional system that is not optimal in utilizing existing institutions such as DPD. This study also purposes to strengthen the urgency in correcting the mess through legal reform at the constitutional and legislative levels. The normative juridical legal method was used to investigate this matter, which refers to the positive regulations or laws that have been in force in Indonesia, which regulate the Indonesian constitution. As an institution with great potential for assisting the function of the House of Representatives (hereafter called DPR/Dewan Perwakilan Rakyat), DPD has always been neglected by Indonesian constitutional law politics according to this study. This research highlights the problems restricting the Indonesian government in connecting, understanding, and most importantly solving the problems that effect the lives of local communities, and how DPD has the potential to fix if given a better position in the legislation system.

Sole Propriesorship and Limited Liability Company Financial Liabilites To Creditors

Suwinto Johan, Ariawan — Fri, 30 Dec 2022 00:00:00 +0700

The government has issued the Job Creation Law. In the Job Creation Law, micro and small businesses can establish a legal entity company. This company is called a sole proprietorship. The establishment of a sole proprietorship is still difficult to distinguish from establishing a limited liability company based on the Law of the Republic of Indonesia Number 40 of 2007. One thing that becomes the attention of stakeholders is the responsibility of sole proprietorships with limited liability. Stakeholders include creditors of financial institutions. This research uses a normative judicial method. This research object is aims to discuss the disadvantage of sole proprietorships compared to limited liability companies to creditors of financial institutions. The research result is find the differences between a sole proprietorship and a limited liability company. This research concludes that a sole proprietorship with limited liability is the same as that of a limited liability company to creditors of financial institutions. Shareholders are not responsible for ties to individual companies. The board of directors is not personally accountable for respective companies' obligations. A particular company is responsible for relations made on its behalf as a legal entity. Any responsibility includes a credit agreement between the company and a financial institution.

Public Listed Companies Takeovers Comparison Under Indonesian and Malaysian Law

Maria Ulfah Tidar, Kurnia Toha — Fri, 30 Dec 2022 00:00:00 +0700

The current condition of business competion is getting tighter. This causes the company to compete to maintain its existence. One way to do that is by restructuring the company. Takeover is one type of corporate restructuring. Takeover is a legal action carried out by a legal entity or individual to take over company shares resulting in a transfer of control over the company. The purpose of this legal research is to increase knowledge in the field of public listed companies takeovers based on Indonesian and Malaysian Law which can be benefit to legal practitioners. This research is a normative legal research using statutory and comparative approach. The data used in this research is secondary data. The results of the study are a public listed company that undertakes a takeover in not only subject to the laws and regulations regarding limited liability companies, but also must comply with the provisions of the capital market laws and regulation. After the takeover process occurs, the expropriating party must carry out a mandatory tender offer process. There are differences in terms of public listed companies takeover process between Indonesian and Malaysian Law including the requirements to become a new controller, minority shareholder rights, and takeover’s impact regulation on business competition.

The Effectiveness of Expansion of The Working Area of Land Deed Officials Related To Electronic Land Services

Lingga Felani, Miftakhul Huda — Fri, 30 Dec 2022 00:00:00 +0700

Fulfillment of legality in legal relations and legal actions in the private sphere, the authority is given to public officials who are called PPAT. In terms of carrying out the duties of the PPAT, the aim is to provide a deed as evidence of a special legal action relating to land and buildings. To maximize this goal, the Government Regulation concerning PPAT Position Regulations was enacted in which there was an expansion of the working area into a provincial area and the convenience of electronic land information services. The existence of such expansion cannot be applied by PPAT. The formulation of the problem in this study is the effectiveness of the expansion of the PPAT's work area related to electronic land information services and the criteria for expanding the PPAT's work area that reflect legal certainty. The research method in this paper is normative juridical research. The research results obtained from this writing are that the expansion of the PPAT work area based on electronic land information services cannot run effectively because there is no coordination between Land Offices in other regions, differences in values in the application of BPHTB and no regulation regarding technical legal actions related to land in other work areas against PPAT and other parties.

Study of Morality And Human Rights On Former Corruption Prisoners Who Become A Prospective Regional Head

Sulistyani Eka Lestari — Fri, 30 Dec 2022 00:00:00 +0700

After the Constitutional Court's Decision No. 56/PUU-XVII/2019 which provides a legal loophole for former corruption convicts to become candidates for Regional Head, there is a polemic in its application and the integrity of the law itself, distancing the function of law as a tool that can be used as a deterrent effect for a crime. The dialectic between the political rights guaranteed by the Constitution which is firmly held by ex-convicts is very contrary to the teachings of morality taught by Immanuel Kant. The study of morality always prioritizes behavior based on inner truth, not because of external factors or in this case while the law allows, which makes humans far from the inner truth itself. This study uses a normative juridical law research with a legal approach and a conceptual approach. The results of this study indicate that the Constitutional Court's decision places the law above morality, by setting aside something that must be owned by the Regional Head, namely a balance between attitudes and behavior. Furthermore, according to the concept of democracy, the state actually has the right to totally limit the political rights of former convicts of corruption not to go forward again or to abolish them completely, in order to guarantee the integrity of the Government from corrupt actors in the future and also to make the law a function of deterrent effect and the last remedy in enforcement, but in fact the state does not implement it, the state prefers to give access to ex-corruption convicts to advance to become candidates for regional heads on the legal basis of this decision.