Theory Of Legal Certainty Research Articles

The Principles of the Trilogy of Justice and the Principle of Aanmaning Perspectives The Binding Power of Court Decisions

The principle of the Judicial Trilogy which is simple, fast and low cost is one of the principles in civil procedural law applicable in Indonesia. Court decisions that have permanent legal force are not always the final result of a case or dispute if the losing party does not want to carry out the contents of the decision voluntarily. lose in a case to carry out the contents of the decision voluntarily. The formulation of the problem raised is the binding power of court decisions in unlawful acts and is also viewed from the perspective of the trilogy of justice principle and the principle of security. This study uses a normative legal research type, which is to examine and analyze legal materials and issues based on statutory regulations. In this case, whether the judicial institution in the aanmaning process does not become a juridical problem of the conflict between the trilogy of justice principles and the aanmaning in the judiciary. In the discussion, the theory of the legal system, the theory of legal certainty, the theory of authority and the theory of legal protection are used in order to be able to reach the description of what should be done in the future.

Kepastian Hukum Terhadap Akta Hak Tanggungan Atas Harta Bersama Yang Belum Dibagi Paska Perceraian Tanpa Persetujuan Mantan Suami/Istri

In the banking industry, it is a well-known fact that there are frequently issues with joint assets that have not been divided after a divorce and that are used as collateral for mortgage rights. The case of court decision number 177/Pdt. G/2019/PN Bks is illustrative. In this study, the problem to be addressed is the legal consequences of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent wife's and the legal certainty of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent, wife's using Soeroso's theory of legal consequences and Jan Michelle Otto's Legal Certainty theory. In this work, the author employs a normative legal methodology supported by an empirical methodology. The results of the study indicate that the legal consequences of the mortgage deed on joint assets that have not been divided after the divorce without the consent of the ex-husband or ex-wife can result in the mortgage being made and a cancellation lawsuit being filed because it violates the ex-rights. spouse's Based on Jan Michel Otto's legal certainty theory, a mortgage deed formed on joint assets that have not been divided after divorce without the approval of the ex-husband/wife has no legal certainty value because the mortgage is made without the consent of the ex-husband/wife.

EKSISTENSI HAK MENDAHULUI NEGARA ATAS HUTANG PAJAK DEBITOR DALAM PROSES KEPAILITAN

The pre-emptive rights owned by the state for tax claims on the goods belonging to the Tax Bearer are regulated in Article 21 of Law Number 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP), but legal certainty has not been realized due to several bankruptcy cases. Pre-emptive rights have not yet been implemented. The purpose of this study is to understand and analyze the existence of the State's prior rights over debtors' tax debts in the bankruptcy process, and to understand and analyze efforts to realize legal certainty over the State's prior rights related to debtor's tax debt obligations in the bankruptcy process. The legal theory used as the basis for thinking in this research is the theory of legal certainty and the theory of state precedence. The method used in this study is a normative juridical research method. The data used is secondary data, the legal materials used in this study are derived from the results of library research in the form of primary legal materials, secondary legal materials. For the analysis of legal materials, systematic interpretation and grammatical interpretation are used. The results of the study show that the position of the state's prior rights in Article 21 of the KUP Law does not provide legal certainty. Legal certainty of the state's pre-emptive rights on tax payables can be realized by objecting to or rejecting the list of receivables by making a request for a procedure review at the time of verification or verification of the debtor's debt, or can apply for a procedure review to the Commercial Court at the District Court, and can also make cassation action if the application for procedure review is rejected at the Commercial Court level.

Ratifikasi United Nations Convention Against Illicit Traffic in Narcotic and Psychotropic Substances 1988 Terhadap Pemberantasan Peredaran Gelap Narkotika di Indonesia

Narcotics are substances or drugs that are natural, synthetic, or semi-synthetic which cause a decrease in consciousness, hallucinations, and excitability, and can cause dependence if misused. The problem is: How is the implementation of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 towards eradicating illicit narcotics trafficking in Indonesia? The author uses transformation theory, legal certainty theory, and law enforcement theory in this thesis. The research specification in this thesis is descriptive analytical. The method used in this study is an empirical juridical method which is supported by a normative juridical method. The empirical juridical method is a research method carried out by researching directly into the field, while the normative juridical method is a research conducted by examining secondary materials. The data collection technique used is through interviews, which are supported by literature studies. The result of this study is: Indonesia has implemented the United Nations Convention Against Illicit Traffic In Narcotic Drugs and Psychotropic Substances, 1988 by ratifying the convention with Law Number 7 of 1997 as implementing legislation, as well as forming a law on narcotics, namely Law No. 22 of 1997 which was repealed by Law No. 35 of 2009.

LEGAL CERTAINTY OF THE ROYA CONSENSUS DEED ON THE LOST MORTGAGE CERTIFICATE RELATED TO THE PLACEMENT OF THE CONFISCATION OF THE STATE RECEIVABLE AFFAIRS COMMITTEE (PUPN)

Consensus deed is a statement of the loss of mortgage certificate made by a Notary in the form of an authentic deed as an administrative order requirement for the loss of mortgage certificate related to the placement of PUPN confiscation for the purpose of recording the abolition of mortgage rights the process of registering mortgage roya at the Land Office. For this reason, the author is interested in researching, what is the legal position of the Roya Consensus Deed on the lost mortgage certificate related to the confiscation of PUPN in the Roya Mortgage process ? And how is the legal certainty of the concession agreement deed on the lost mortgage certificate related to the placement of the PUPN confiscation ? The legal theory used in this research is Gustav Radbruch's legal certainty theory and the Stufenbau Theory authority theory. The method used in this research is normative juridical research, namely library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach that is used a statutory approach, a conceptual approach, an analytical approach, a case approach and a technique for collecting legal materials is carried out by identifying and taking an inventory of positive legal rules, book literature, journals and source materials other laws. For the technique of analyzing legal materials, it is carried out with legal (interpretation) grammatical interpretation and systematic interpretation. From the results of the research obtained : the legal position of the Roya Consensus deed is only as a replacement requirement for the lost mortgage certificate related to the placement of the PUPN confiscation in the registration process of Roya Mortgage in terms of administrative order at the Land Office, so that the legal position of the Roya Consent Deed cannot be equated with a mortgage certificate which has executive power.

Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.

The Legal Certainty of Murabahah Contracts in Buying a House

The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.

The Role of Notaries and PPAT in Protecting Gayo Customary Rights

Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance division theory. The results of the study indicate that the position and position of the customary rights of the customary law community in the National Land Law is very important, the hierarchy is higher than the individual/individual rights to land. Customary law communities live and develop in accordance with the order of values and norms that they believe and obey as truth, including in this case customary norms in the concept of land tenure. Article 3 of the UUPA states that the acknowledgment of the existence of Ulayat rights of the customary law community as long as in reality it still exists, meaning that if in fact it does not exist, then the Ulayat rights can no longer be recognized, cannot be revived and new Ulayat rights cannot be created. The regulation of Ulayat rights is left to the Customary Law community. In providing services to the community, a Notary/PPAT has the duty to serve applications to make certain land deeds referred to in the regulations regarding land registration and the PPAT Position regulations.

Kepastian Hukum Status Anak Karena Pembatalan Perkawinan dan Akibat Hukumnya Dalam Sistem Hukum Di Indonesia

In carrying out a marriage, thereare conditions that must be carried out by the bride and the groom. who wants to marry in accordance with the marriage law and the law of their respective religions. If these conditions are not implemented,the marriage can be annulled. From the annulled marriage, there are children who are born, so how is the legal certainty and the legal consequences of the status of the children born from the canceled marriage. In this study, the theory of legal consequences is used, namely that a legal action taken by a legal subject can lead to a legal consequence and the theory of legal certainty is how the rules that are clear, issued and recognized by the state are used by judicial leaders who are carried out concretely. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used the statutory approach, the conceptual approach. The analytical approach and the method of collecting the legal materials are carried out by identifiying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials or legal material analysis techniques, it is carried out with grammatical legal interpretation, systematic interpretation, and legal construction methods. From the research results can be obtained that : (1) the legal consequences of annulment of marriage on the status of children born in the marriage are children still have a legal relationship with their parents (2) legal certainty on the status of children born in the marriage is still a legal child and cancellation marriage does not apply retroactively to the status of the child.

Juridical Analysis of Use of Health Social Security Agency Card as a Condition for Transfer of Land Rights

This study aims to examine and analyze the juridical implications of using the Health Social Security Administering Body card as a condition for the transfer of land rights in Kendari City, to examine and analyze the juridical implications of the transfer of land rights that do not use the Health Social Security Administering Body card as well as to examine and analyze sample deed of sale. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this study are primary data and secondary data. Collecting research data with interview techniques and study of documents or library materials. The theory used is the Theory of Legal Certainty according to Gustav Radbruchm and Theory of Legal Work according to William J. Chambliss and Robert B Seidmen. The results of the study show that: First, the juridical analysis of the use of health social security agency cards as a condition for the transfer of land rights in Kendari City is based on Gustav Radbruchm's theory of legal certainty because legal certainty as one of the legal objectives can be said to be part of an effort to achieve justice. There is a priority scale that must be implemented, where the first priority is always justice, then benefit, and finally legal certainty. Second, the juridical implications of the transfer of land rights that do not use the BPJS card based on the theory of the working of the law of William J Chamblis and Robert. The connection is what action a role holder will take in response to legal regulations, highly dependent and controlled by the applicable legal regulations of the sanctions of its implementing activities. Third, the sample of the sale and purchase deed has fulfilled all the requirements of the applicable laws and regulations.

The Juridical Review of Notaries Who Actually As State Officers in the Concept of Legal Assurance

In legal research, legal theory becomes a scalpel to analyze problems using legal certainty theory and liability theory. This study uses three (3) sources of data, namely legal materials, namely primary, secondary and tertiary legal materials, while data collection techniques use library research. Data analysis using qualitative analysis method using deductive logic and described analytically descriptive. The results of the research found the rules regarding the prohibition of a Notary concurrently serving as a state official in Article 17 paragraph (1) letter d of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning Notary Positions. So it can be concluded that a Notary concurrently serving as a state official is a violation of the law, the Notary Supervisory Board has the right to conduct an examination of alleged violations and impose sanctions on a Notary if proven to have committed a violation.

The Role of PPAT in Making the Deed of Sale and Purchase and the Authorized to Sell Certified Land

This study aims to identify and analyze the role and authority of the Land Deed Making Official (PPAT) in making the deed of sale and purchase and the power of attorney to sell certified land rights and the obstacles and solutions faced by the Land Deed Making Official (PPAT) in making the deed of sale and purchase and deed of power of attorney to sell certified land rights. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of legal certainty and the theory of authority. The Role and Authority of the Land Deed Making Official (PPAT) in the making of the Sale and Purchase Deed (AJB) and the Authorized Deed to Sell Certified Land Rights in Rembang Regency, namely the Preparation of the Sale and Purchase Deed and the implementation of the AJB. In making the PPAT deed, the parties who carry out legal actions regarding Land Rights and Ownership Rights to Flat Units must be present before PPAT to convey the aims and objectives to PPAT. Obstacles faced by Land Deed Making Officials (PPAT) in making the Deed of Sale and Purchase and the Authorized Deed to Sell Certified Land Rights in Rembang Regency in the event of a default or unlawful act committed by one of the parties. The occurrence of these obstacles, then PPAT can provide solutions to the parties to deliberation first in resolving the problem.

Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees

This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.

The Juridical Overview of the Sale of Owned Land on Joint Assets by Husband without Wife's Consent

The purpose of this research is to analyze: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN.Skt. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt. The approach method in this research is a normative juridical approach. The data used is secondary data obtained through literature study, data analysis was carried out by qualitative analysis. The results of the research concluded: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN. Skt is an absolute responsibility caused because in making the sale and purchase deed the PPAT was not careful and careful. As a result of decision No. 253/Pdt.Plw/2018/PN.Skt is deed No. 112/ sale and purchase deed is contrary to the law, it will cause losses for the opposing party. PPAT must share responsibility for material losses suffered by the parties. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt is invalid and null and void. As a result, the Plaintiffs suffered material losses. So that in terms of legal certainty theory, this sale and purchase cannot provide legal certainty for the Buyer, so that the Opponent II and PPAT must be responsible for the unlawful acts they have committed.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian


 The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage.
 Keywords: Legal Liability, Debt, Creditors, Wife.

Notary Position and Authority in Carrying Out the Process of Managing Business Entity License through OSS (Online Single Submission)

This study aims to analyze the position and authority of a Notary in carrying out the process of obtaining a business license using OSS (Online Single Submission) as well as analyzing the obstacles faced by a Notary in carrying out the process. This research is Empirical Research, using the Legislative, Conceptual, and Sociological approach method. Besides that, this research adopts the theory of authority, theory of legal certainty and theory of legal effectiveness. The findings reveal that position and authority of the Notary as an authorized official based on a special power of attorney (mandate) from the business actor. However, a Notary as the official making the deed of establishment of a legal entity will be more effective if he directly registers the legal entity into the OSS system. Furthermore, there are obstacles faced by Notary where there is no legal certainty for Notaries in managing business entity permits using OSS both in the Notary Position Act and Guidelines and Procedures for Business Licensing Services. As for additional obstacles, there are Risk-Based and Investment Facilities and its application in using Notary OSS only based on the power of attorney from business actors, along with technical constraints such as difficulty accessing the OSS website, lack of understanding of business actors on new information on the website, invalid population identification numbers (NIK) and taxpayer identification numbers which commonly occurs when inputting OSS, difficulty in using the Indonesian Standard Classification of Business Fields (KBLI) and obstacles in the aspect of implementation. and obstacles in the aspect of implementation. Keywords: Notary Position, Notary Authority, Online Single Submission (OSS), Business License DOI: 10.7176/JLPG/122-03 Publication date: July 31 st 2022

Bank Air Susu Ibu dalam Perspektif Hukum Islam

Breast milk is the most perfect nourishment that is clean and contains lots of nutrients for babies because the processing is carried out naturally in the mother's body. When a mother is unable to breastfeed for various reasons, breast milk can be obtained from breast milk donors. This fact prompted European scientists to come up with the idea of establishing a breast milk bank which aims to help mothers who cannot breastfeed their babies directly. The purpose of this study is to identify and analyze the breast milk bank in the perspective of Islamic law and Islamic foundations that allow breast milk bank. This study uses the theory of legal certainty and the theory of benefits. The research method in this study uses a juridical approach. The results of this study conclude that first, the basis for the permissibility of breast milk bank is the opinion of Al-Imam asy-Syafi'i who asserted that, "Breastfeeding is not unlawful except for five separate feedings." This means that the source of breastfeeding that leads to breastfed siblings is the baby suckling directly to the mother's or donor's breast, while the milk obtained from the breast milk bank is obtained from several different mothers or even mixed and breastfeeding is given to the baby using a special spoon, bottle or tube. The breast milk bank aims to make it easier for babies to get breast milk whose mothers cannot give breast milk to their babies for certain reasons, especially for babies who are born prematurely because premature babies are required to be given breast milk instead of formula milk. Second, breastfeeding is very important for babies because it contains nutrients that are needed for optimal growth and development, for the health and survival of babies. Yusuf Al-Qardhawi stated that he did not find any reason to prohibit the establishment of a breast milk bank as long as it aims to realize solid syar'iyah benefits and to meet the needs that must be met, then it is permissible to establish a breast milk bank.

The Notary Role in Making Working Contract of Pharmacy with Capital Owner

A notary is a public official in charge of representing the state and is a profession, so that a notary gains the trust of both the government and the public. The value of this trust which is owned by a notary as a public official is not only obtained because of the law in making authentic deeds. This study wants to answer the problem of how the role of a notary in making a pharmacist work contract with the owner of capital for a dispensary in Grobogan district, how the constraints and solutions for the role of a notary in making a pharmacist work contract for a pharmacist in Grobogan district. The approach method used is sociological juridical, analytical descriptive research specifications. The data used are primary and secondary data, the data is accessed qualitatively and research problems are analyzed using the theory of legal protection and the theory of legal certainty. Based on the results of the study, it can be concluded (1) the role of a notary in making a work contract is that a notary has the authority to make an authentic deed regarding all agreements, and provisions required by legislation and/or desired by the interested parties to be stated in an authentic deed.

Responsibility of Notary Letter Approval on Under Hands Contract

One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).

QUALIFICATION OF THE PRUDENCE PRINCIPLE OF NOTARY ON IMPLEMENT THE POSITION BASED ON ACT OF NOTARY POSITION

The purpose of this research is to examine and analyze clearly the scope of the Notary prudence principle on implement his/her position so that definitive or limitative limits are found regarding the Notary prudence principle on implement his/her position. The method used is normative legal research. Data collected through basic regulations, laws and regulations, and legal norm. The theories applied such as the theory of legal protection, the theory of legal certainty, and the theory of responsibility. The results of this research indicate that Article 16 paragraph (1) letters a and m describe the implementation of the Notary position, while the provisions of Article 17 instruct the Notary on implement his/her position to stay away from all prohibitions that are not allowed to be carried out in carrying out his duties, one of which is in the form of doing other job that are contrary to religious norms, decency or propriety that can affect the honor and dignity of the position of a Notary. The provisions of UUJN jo. UUJN-P in particular the provisions of Article 16 paragraph (1) letter a as a violation of the fulfillment of the prudence principle and an administrative violation. Thus, as a Notary, it is advisable to comply more with all the provisions of the UUJN jo. UUJN-P, is careful, thorough and thorough in administering the deed, in order to eliminate the bad intentions of those who deliberately blame and place the Notary as committing an unlawful act, both civil and penal.