Notary Deeds Research Articles

Legal Protection of Instrumenter Witnesses if there is a Problem with a Notary Deed

Instrumenter witnesses are witnesses who play an important role in the inauguration of a notarial deed so that if the existence of this deed witness is not fulfilled, then based on the law regarding the position of a notary, the deed only has the power of proof as an underhand deed. Instrumental witnesses who were present at the inauguration of the deed were included in the notarial field, but in the law regarding the position of a notary which is the only law regarding notarialty, it has not regulated the protection of the witness. This research is a normative legal research using a statute approach and case approach. The results showed the position of the instrumenter witness is only limited to qualifying the formality of the deed only. Regarding legal protection for instrumenter witnesses to date the arrangement has not been regulated in the notary office law even though there has been a law on the protection of witnesses and victims but in fact not enough to provide legal protection for instrumenter witnesses.Thus, a law thatspecifically protects the rights of instrumenter witnesses due to their function relating to notary deeds

The Legal Implications on Cancellation of Notaries which can be Canceled by Law

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk

Indonesia is in an era of globalization, it can be seen by the era of technology that introduced the virtual world (cyberspace, virtual world) through internet networks, communication with electronic media without paper. The development of electronic signature technology has been implemented in Indonesia. The existence of electronic signatures has begun to replace conventional signatures in several places on the grounds of using technology to make it easier. The ІTE Act already guarantees electronic signatures. GMS can be held using electoral media. However, the GMS with electronic media must be approved and signed by the GMS participants. In the notary deed, the minutes of the GMS are included in the release deed. Preparation of a notary deed of the GMS minutes using an electronic system must be signed by all GMS participants. Participants who attend the meeting via video conference can use the signature using the electronic system. Legal Issues in this Research There are unclear norms related to signatures which are described in the Law on Notary Position. This research is normative law research. From the results of the research using the above method, the author obtains answers to the problems regarding the Law of Signing Notary Deeds Using Electronic Signatures.How to cite item: Lubis, N., (2021). Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk. Jurnal Cakrawala Hukum, 12(3), 314-325. doi:https://doi.org/10.26905/idjch.v12i3.5114.

KEDUDUKAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) DALAM PENERAPAN PRINSIP MENGENALI PEMILIK MANFAAT PADA SUATU PENDIRIAN BADAN HUKUM YAYASAN

Application of the Principles of Recognizing Beneficial Ownership in Foundations Based on Notary Deeds, guided by Mr. Abdul Maasba Magassing as the main mentor and Mr. Muhammad Basri as the co-mentor. This study aims to examine and analyze the position of beneficial ownership in the application of the principle of recognizing beneficial owners in a foundation legal entity establishment, as well as to study and analyze the role of the notary regarding the obligation to disclose beneficial ownership in the establishment of a foundation. This type of research is normative supported by primary and secondary data. The data analysis used is qualitative with a theoretical basis. Furthermore, the data is presented descriptively. This type of research is normative, supported by primary and secondary data. The data analysis used is qualitative with a theoretical basis. Furthermore, the data is presented descriptively The results showed that the implementation of the principle of recognizing beneficial owners in foundations has not been fully implemented. This is due to the absence of strict sanctions for foundations that do not report beneficial owners or do not update information on beneficial owners to relevant regulators and the category of beneficial owners in foundations of 25% (twenty five percent) is still minimal. In addition, a notary as a party reporting in the prevention and eradication of the crime of money laundering cannot be the same as the reporting party for financial service institutions or other agencies. To implement Government Regulation No. 43 of 2015, the reporting party must be fully protected by law enforcement officials.

The Legal Implications on Cancellation of Notaries which can be Canceled by Law

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed . The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.

The Legal Implications on Cancellation of Notaries which can be Canceled by Law

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

Techniques of Translating Indonesian Legal Texts into English

Translation techniques are skills, practical arts or procedures used by translators in their translation activities. Translation techniques are applied to assist translators to select the most precise and accurate equivalents in Target Language (TL). This study was carried out to find the techniques used by legal translators in translating legal text. The data for this study were taken from Law No. 25 of 2007 and four notary deeds and two non-notary deeds. The data were qualitatively analyzed based on the theory of translation procedures by Newmark (1988). The result of this study showed that fifteen translation techniques were used by legal translators. Literal translation occupies the top position, followed by calque, pragmatic amplification, established equivalence, translation shift, reversed naturalization, generalization, pragmatic reduction, modulation, compensation, semantic compression, cultural adaptation, borrowing, semantic amplification and description. The result of this study denied Alcaraz and Hughes’ argument that literal translation is not recommended in the translation.

Peningkatan Pemahaman Bahasa Asing pada Perjanjian Akta Notaril Bagi Anggota Ikatan Notaris Indonesia Kabupaten Bandung

Although now the contract is mandatory in Indonesian according to Law no. 24 of 2009, notaries still have to understand notary deeds in foreign languages. In fact, if necessary, be able to make notary deeds using foreign languages. This is necessary to improve the qualifications as a legal apparatus in the field of notarization and land affairs. Moreover, there are quite a lot of notaries in Bandung Regency. Based on data from the Bandung Regency Regional Revenue and Financial Management Service (Dispenda), as of June 2020, there were 418 PPAT (Land Deed Maker Officials) and based on the Notary Portal of Bandung Regency as of June 2020 there were 397 notaries. In accordance with Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning the Position of Notary (UUJN), the notary is authorized to make authentic deeds regarding all actions, agreements, and provisions required by laws and regulations and/or those desired by those with an interest to be stated in an authentic deed, guaranteeing the certainty of the date of making the deed, keep the deed, provide a copy and an excerpt of the deed. From the inventory of problems, many notaries do not understand the legal consequences when a notary makes a contract or agreement in the form of a notary deed in a foreign language. It should be noted that a contract or agreement made in the form of a notary deed in a foreign language has certain legal consequences, namely the notary deed is not an authentic deed, but as an underhand deed. In addition, the notary deed has the potential to be filed for cancellation or declared null and void through the state judiciary. The solution is, socialization or legal counseling has been held to notaries regarding the legal umbrella or legal basis for the mandatory use of the Indonesian language in contracts or agreements, either under hand or in the form of a notary deed.

Analisis Yuridis Penyimpanan Minuta Akta Notaris Secara Elektronik

This study aimed to discuss and analyze problems regarding the storage of minutes of notary deeds made electronically. This study used a normative research method. The approach used a statutory approach and a conceptual approach. The minutes of the notarial deeds can be made electronically because they were permitted by several regulations. Electronic deed minutes can be stored as long as the original deed was still made and stored conventionally. The validity of the position of the minutes of the determined that was stored electronically as evidence was determined by the judge's consideration.

Juridical Analysis of the Authenticity of Notary Deed after Apostille is Implemented in Indonesia

In the era of disruptive technology and the Covid-19 pandemic, civil transactions between communities have been dominated by using electronic means with internet devices. Communities across countries can easily interact and transact without time and space boundaries in a cyber/virtual world. Electronic commerce traffic (e-commerce) is the leading choice for the global community in meeting their needs and lifestyles. This research uses qualitative research with a descriptive analysis approach; this research method uses normative juridical research using a statutory proVcess, a conceptual approach, and a comparative approach. From this research, it can be seen that an apostille can be implemented on notary deeds while maintaining authenticity as an authentic deed that has perfect evidentiary quality. With the adoption and adoption of the Apostille method in Indonesia, the chain of formalities for the issuance of notary deeds needs to be redesigned and adjusted to the provisions of the apostille convention with a new approach and method in transforming the procedure for issuing notary deeds that are better and following the needs in the era of globalisation and electronics.

Use of Electronic Media for the Promotion of Notaries According to the Notary Code of Ethics

The purpose of this study is to determine the problems that arise in the use of electronic media for the promotion of notaries according to the notary code of ethics. The research method used is that this type of research is juridical normative, which refers to the norms of written law, either as outlined in the form of regulations or in the form of literature. The approach used is a conceptual approach and a statutory approach. The analysis is descriptive qualitative, which collects and selects legal material according to the problem under study, then describes it so that it produces a picture or conclusion that matches the actual situation so that it is able to answer all existing problems. The results show that the existence of a promotion prohibition for notaries is based on the fact that a notary as a position that provides services to the community requires the trust of the people it serves, and the notary's existence is not for the personal benefit of the person appointed, so that the notary must uphold the nobility of his dignity. In promotions that are informative and reminders, it is permissible to, among others, provide information and knowledge about legal issues; case review of legal problems in the world of notary; examples of notary deeds.

Penomoran dan Penanggalan Akta Notaris Berdasarkan Putusan Pengadilan (Analisis Putusan PN Denpasar Nomor 530/Pdt. G/2016/PN. Dps.)

The Denpasar District Court (PN) in its decision Number 530 / Pdt.G / 2016 / PN.Dps stated that it has punished the Notary to immediately give the number and date to the Sale and Purchase Binding Agreement Deed and the Power of Attorney. This is interesting and important to examine in this research in relation to the basis of authority and the method of assigning the number and date of the deed signed by the parties before the notary after the Denpasar District Court decision. This normative legal research aims to examine the contents of a positive legal level, concerning the Numbering and Dating of Notary Deeds, using primary, secondary and tertiary legal materials, while the analysis method uses grammatical and systematic interpretation. The results showed that the basic authority of the Denpasar District Court to decide disputes regarding the numbering and dating of notary deeds, namely Article 130 HIR / 154 Rbg, Article 1851 of the Civil Code, Law of the Republic of Indonesia Number 48 of 2009, Perma RI Number 1 of 2016, and the principle of ius curia novit. In connection with the numbering and dating of the Notary deed, it can be done based on the provisions of the UUJNP and refers to the Denpasar District Court decision.

Legal Certainty of Application of Electronic Archives in Keeping Minutes of Notary Deed as Authentic Evidence

This study aims to: to determine whether the application of the use of electronic archives for notarial deeds can provide legal certainty. The approach method in this research is normative law, the data source is obtained from literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded thatthe use of electronic archives as a minimum of a notary deed has not yet obtained a strong legal basis, so it has not guaranteed legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. The legal substance in the use of electronic archives as a minimum of notary deeds has not been fully accommodated in the UUJN with the obligation to read the deed in the presence of witnesses and failure to fulfill this requirement will result in legal sanctions for the notary. The ITE Law, which is a legal basis for notaries, also does not provide an opportunity for electronic deeds by providing restrictions on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence. The incompatibility between UUJN and the ITE Law, and the ITE Law with the UUPT regarding the authority of notaries in the use of electronic records is clearly a separate obstacle for notaries. The current legal substance has not been able to facilitate the various interests of the community. Because the substance of the law has not accommodated the interests of the community, the existing legal regulations are not able to adapt to new things that are happening in the community, resulting in no guarantee of legal certainty. The substance of the law is not yet futuristic, because the regulation of the notary's authority cannot anticipate events that may arise in the future, namely the demands of the public so that notaries are able to make deeds electronically. The legal structure that was built has not been able to encourage the implementation of electronic services by notaries properly and optimally. In addition, the legal culture of the community tends to believe more in using conventional facilities than with technology.

Urgency of Notary Deed (Deed of Work Agreement Between Worker & Employer)

Labor law is the law that regulates the relationship between workers, employers and the government. Labor law functions to protect the interests of workers from the unlimited power of the employer/entrepreneur (Soepomo, 1999: 8-9). To avoid abuse in the relationship between employers and workers, it is necessary to intervene by the government through statutory regulations. This study aims to determine how urgent the work agreement deed is and how important it is to make a work agreement deed for the world of labor. This research uses a sociological juridical approach, research conducted on the real reality of workers, employers and the role of the government in building better labor laws. Based on research at the Manpower Office of Kendari City, the Manpower Office of Southeast Sulawesi Province and workers, there are several violations of labor regulations and also violations against workers so that the importance of work agreement deeds is that the rights and obligations of both parties can be known together and also notary deeds can be authentic evidence for both parties, and also for workers and employers to be more obedient and obedient to the rules concerning manpower and the urgency of a notary deed is for the development of labor law to make it better in the future, and to minimize labor violations.

LEGAL RESPONSIBILITY OF NOTARY DEEDS FOR ELECTRONIC ARCHIVES

Deeds made by notaries as public officials are authentic deeds in accordance with the formulation of Article 1 point (7) of the Law on Notary Office, that notary deeds are authentic deeds made by or before a notary according to the form and procedure stipulated by law. The approach method in this research is juridical normative. Based on the results of data analysis, it can be concluded that the use of electronic archives at least notary deeds has not yet obtained a strong legal basis, so it does not guarantee legal certainty. Legal certainty can be achieved, if there are no provisions that conflict between one law and another. The legal substance in the use of electronic records, at least notary deeds, has not been fully accommodated in the notary office law with the obligation to read the deed in front of witnesses and not meeting these requirements will result in legal sanctions for notaries. the law on information and electronic transactions which is the legal basis for notaries also does not provide an opportunity for electronic deeds by providing limits on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence.

Characteristics of Notary Deeds for Transactions Through Electronic Media

These technological advances have caused enormous changes to business people who will indirectly use modern technological advances. This development will undoubtedly bring changes to the Notary duties and authorities' implementation as public official authorized to do authentic deeds. A new dynamic of society changes due to globalization and developments in information technology that require Notary services in carrying out existing legal actions, facilitated by current information technology. However, Notaries are still hampered by the absence of legal instruments that protect and regulate Notaries in carrying out these actions. This is a challenge for the Notary profession in responding to globalization in information technology, meaning that the Notary's duties as public officials develop along with the times. This research is normative research with a statutory approach. The results obtained from this research are that the Notary Public must involve a third party called the Certification Authority, to secure and legitimize documents into electronic transactions. The Notary deed to be used remains an authentic deed and has perfect evidentiary power. Still, suppose the process does not involve the party. In that case, the Notary deed is classified as an underhand deed, and has the power of proof as to the deed underhand, even though it is made and signed either directly or digitally by the Notary.Keywords: Notary, Electronic Transaction, Notary Deeds

The Urgention of Use of Technology as A Minute Protection of Notary Assets That are Lost or Damaged Due to Natural Disasters

This study aims to: to determine how important the application of technology is to protect the minuta notary deeds that are lost or damaged by natural disasters. The approach method in this research is sociological empirical research which is a qualitative research based on primary data. Primary data is data that is obtained directly by the object. Based on the results of data analysis, it can be concluded that the use of technology as an effort to protect notary deeds that are lost or damaged due to natural disasters has not obtained a clear legal basis because the Notary Position Law or other legal provisions do not clearly regulate the procedure for keeping the minimum deed, so that notaries do not have standard rules regarding procedures. How to keep the minuta deed, which results in not providing legal certainty and legal protection for the parties concerned. Along with the development of technology, technology should be used in order to support work, including notaries, storing minuta deeds in the form of soft files to make backup files that can be used if one day a natural disaster occurs which results in the loss or damage of a minimum certificate. The absence of a clear legal basis that regulates the use of technology as a means of storing minimum deeds is one of the obstacles to the use of technology, even though this is done to improve the performance of notaries who are an extension of the government in the field of civil law in terms of services to the public. The potential for disasters or things beyond human capacity that can cause the loss or damage of the deed as part of the notary protocol is very large, so it is necessary to make preventive efforts by the notary in carrying out one of its obligations as mandated in the UUJN. Notaries must take the initiative in keeping the minimum deeds so that their storage is completely safe and not stuck with the old habit of storing notary protocols in a cupboard or vault that is still lost or damaged due to natural disasters or other things beyond human ability. So that efforts to utilize technology should become an internal habit in the notary office while waiting for a clear legal basis.