Responsibility Of Notary Research Articles

Notary Responsibility for the Deed Canceled by the Court (Case Study on Decision Number 34 / Pdt / 2017 / PT YYK)

Notary is a public official who is specifically authorized by the law to make an authentic deed, where the deed made by a notary becomes perfect, strongest and most complete proof that can guarantee legal certainty. Therefore, the notary deed which then becomes written evidence can be canceled by the judge as long as there is an opponent's evidence and regarding the cancellation of the contents of the deed. This thesis using normative juridical approach and use data sources that include the primary legal materials, secondary and tertiary obtained through literature and by using the guidelines interviews and field observations. The focus of this research is to find out how the notary's responsibility for the Purchase Binding Agreement and sale of attorney canceled by the court and the legal consequences of the decision of the Supreme Court number 34 / pdt / 2017 / pt yyk on the deed made by a notary. The research that has been conducted has found that the responsibility of the Notary towards the Cancellation of the Purchase Binding Agreement and the sale of attorney by the Court Judge because it is proven that the deed is a simulation agreement, an agreement in which the parties declare a different condition from the agreement previously held. The responsibilities of the Notary Public can be mined in terms of civil, criminal and administrative responsibilities. As a result of the cancellation of a notary deed law by the Court are declared null and void and not legally binding on the evidence.

Notary Responsibility to Make Apartment Agreement According to Indonesian Legal System

In making the deed of the Sale and Purchase Agreement, before the notary must ensure in advance about the requirements ordered by the Act as in Article 43 of the Flats Law, because a Notary in carrying out his authority as a general official is a perfect evidence maker of course must be responsible for the deed he made. The problem here is how to measure against 20% (twenty percent) of the construction, because considering the absence of provisions of construction 20% (twenty percent) are in the apartment or other regulatory provisions. This will certainly make it difficult for the notary to make a binding agreement on the sale and purchase of flats. In making the deed especially on the Binding Agreement for Sale and Purchase Agreement this Flats will be the responsibility of the Notary as the official maker of authentic deeds to pay attention to the provisions of the conditions ordered by the apartment project, so that the deed is made by the notary will not be found later. Based on the description above, the enactment of the apartment law will have an impact on the Notary as a general official who has the authority to make authentic deeds, and here the author wants to see the role of the notary in making a Flat Sale Purchase Agreement, in accordance with Article 43 of the House Law Arrange.

KEWENANGAN NOTARIS DALAM HAL MEMBUAT AKTA PARTIJ (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1003 K/PID/2015)

Partij deed is a type of deed that can be made by a notary public official who is authorized by the state to perform services in society. Notary public as a public official who contains an authentic description of all events or events that are seen, experienced, and witnessed by the Notary himself. Notary Deed must contain what is desired by both parties in the agreement. The notary public only has the role of providing perfect proof of strength through the deed he made if later the parties to the deed disputed in court. In practice problems often arise including the issue of notary responsibility and notary authority as happened in the deed of party, how the authority of the Notary in Making Partij Deed (Example of Supreme Court Decision Case Number: 1003 K / PID / 2015) is a problem that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, are analyzed qualitatively. The results of the study illustrate that the Notary does not follow under Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan dengan Minuta Akta

<h1>Notary as a general official has authorization in making an authentic deed and have other powers as referred to in this law or under other laws, as described in the Department of Law Notary. In carrying out his position, a notary is obliged to act as a trustee, honest, equitable, independent, immutated, and keep the interests of the parties and to make the deed Minuta. In addition, a notary is obliged to issue the Grosse deed, copy of the deed, or Deed citation based on Minuta deed, such matters are governed by Law No.2 of 2014 as has been amended by Law No. 30 of 2004 on the Department of notary. It means that a notary is supposed to carry out obligations. But in fact, the notary can still be found that does not carry out obligations as stipulated in the notary law. By looking at this raises an issue about, "What is Notary's responsibility for the inconsistency of the Copy act with the Minuta deed?". In general, the responsibilities of notary public can be examined in the public, criminal, notary LAW, and responsibility for performing the duties of the department under the notary Code of Ethics. Civil liability regarding material truth in the deed made and can be categorized as making false documents in criminal terms. While the responsibilities according to the LAW and the Code of Ethics Department notary, notary may be subject to sanctions in the form of oral warning, letters, temporary stops, and stops with respect or disrespect.</h1><p class="KataKunciInggris"> </p>

Comparative Roles and Notary Responsibilities in Indonesia and Timor Leste

The purpose of this study were 1) To explain the role of the notary and responsibilities similarity in Indonesia and Timor Leste, 2) To explain the different roles and responsibilities of notaries in Indonesia and Timor Leste. The approach I use in the preparation of the writing of this legal research is a normative legal research, as in the study of law conceived as normative regulations and as written norms created and promulgated by an agency or by the competent state authorities. This research is descriptive research that aims to paint a picture of the state of things on certain areas and at certain times. Based on the results of this study were 1) Equation notary's role and responsibilities in Indonesia and Timor Leste. In Indonesia since 2004 has passed a law concerning Notary. But in Timor Leste began in 2009 Decree-Act No. 24/2009, dated August 26, set political guidelines for Timor-Leste's notary system and assigning to the Government the responsibility to set political guidelines specified in this legal diploma. 2) The different roles and responsibilities of notaries in Indonesia and Timor Leste. On the side of this difference can describe that, it is a rule that is very effective to help the public in understanding the roles and responsibilities of notaries in force in the country, especially in Indonesia is quite effective in establishing the truth related to his profession.Keywords: Comparison; Roles; Responsibilities; Notary.

Roles and Responsibilities of Notary in Deed Making Agreement on Sale and Purchase Agreement When the Parties Dispute

Notary acts as a medium for the birth of a deed of authentic. Responsibility of notaries in the sale and purchase agreement to the party is limited to deed that made accordance with the authority of his post by UUJN. The purpose of this study are: 1. to know the roles and responsibilities in the making notary deed of sale and purchase agreement in the event of disputes for the parties. 2. To determine the notary solution in preparation of deed sale and purchase agreement in order to avoid disputes of the parties.Based on the results of data analysis concluded that: 1. The responsibility of the notary deed merely on early part deed / deed chief, section final / concluding notarial deed and have full accountability of the contents either formal and material. 2. In the duty of notary shall apply precautionary principle and do legal education in order to avoid disputes in the future.Keywords: Notary; Agreements; Sale and Purchase Agreement; Deed.

Transition of Rights Ownership over Land Based on Absolute Power of Attorney (A Study of Civil Case Number 90/PDT.G/2013/PN.PDG)

Based on Article 39 paragraph (1) letter d PP No. 24 of 1997 stated that "PPAT refused to make a deed if one of the parties or parties acted on the basis of an absolute power of attorney which essentially contained the legal act of transferring rights" .In case number 90 / PDT.G / 2013 / PN.PDG between Bahar and Henky Sutanto CS, Hj. Elly Satria, S.H, H. Hendri Final, S.H, and the Land Agency of the City of Padang. The problem occurred because the power deed number 67 dated February 17, 1996 which was categorized as absolute power was made as the basis for the transfer of certified land rights without being preceded by the PPJB or any agreement, even though the Principal Agreement and this power cannot be separated. The formulation of the problem discussed in this thesis is how the process of transferring land rights is based on absolute power, how the legal consequences of transferring land rights are based on absolute power and how the responsibility of Notary / PPAT in making deeds that use absolute power as the basis of transfer of rights .The research method used is normative legal research. Based on what was investigated, the process of transferring land rights based on absolute power was carried out based on the usual judicial process, namely because the mediation failed, followed by the reading of the lawsuit, the respondent's reply, replication and duplication, verification, and the verdict was partially granted.The legal consequences with the use of absolute power in the case of transfer of ownership rights to land in this case resulted in the absolute deed of power being null and void. Based on the theory of accountability, the author argues that PPAT is responsible for making sale and purchase deeds based on absolute power. Losses to the parties for negligence of the PPAT are borne by the Official who, because of the negligence, has caused a loss.

The notary’s responsibility toward the authenticity of credit bank guarantees in Indonesia

This paper provides an overview of the law and a statute regarding the notary’s responsibility toward the authenticity of credit bank guarantee in Indonesia, and compares them with those of other nations, including the United States of America and Germany. This study uses a combination of primary and secondary sources to assess the current state of the notary responsibility situation regarding banks and the financial lending world in general and employs a normative or doctrinal approach that views laws as a system of norms. The functions of notaries in Indonesia are different from those performed by notaries in some other countries, the notaries play different roles and participate in many formalities: a) a function in credit banking bind guarantees that not only allow people to feel comfortable with their transactions, but also increase public trust in the whole banking system; b) personal and material guarantees. In transacting any deeds, including credit bank guarantees, the notary is responsible for the authenticity of the physical, formal and material aspects of the deed; c) the binding of collateral objects; d) a function in binding banking credit guarantees. Also, notaries have the risk of illegal jurisdiction of a banking credit guarantee deed. Notaries in Indonesia have different roles compared to other countries, including the United States of America and Germany. Notaries play an important role in increasing economic growth, especially through their responsibility for the authenticity of credit bank guarantees activity and they add to the overall body of knowledge.

PERAN NOTARIS DALAM PENYULUHAN HUKUM SEHUBUNGAN DENGAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STATUS OBJEK TANAH NEGARA DAN MENGAKIBATKAN KERUGIAN MATERIIL BAGI PEMBELI

In providing services to the community there are two important things, namely the making of authentic deeds including the PPJB deed relating to the trade of state land, and providing legal counseling to the public. Legal consouling by Notary must be did for and for legal actions did by notaries at the request of their clients. In the case of taking legal action for his client, the notary may also not side with his client, Notary must be neutral, because the task of the notary is to prevent the occurrence of problems. This normative juridical research uses a statute approach and conceptual approach. This research is limited to the discussion forms of legal protection the object buyers of State land through the Deed Agreement of Trade Binding (PPJB) which is not given legal counseling by Notaries, and Notary responsibilities in connection with the PPJB Deed with the object of state land before a Notary are not preceded by legal counseling of parties in relation to land status. The results from this study explain that in the PPJB deed there is a legal relationship between the legal subject and objects which creates the rights and obligations that also need to get legal protection. Forms of legal protection against buyers of State land object through the Deed Agreement of Trade Binding (PPJB) made by a Notary that trade object is state land and cannot be traded with the status of property rights is by Submit a claim for cancellation of the deed and Submit a claim for compensation to both the seller and the Notary. The notary is responsible in connection with the Deed Agreement of Trade Binding (PPJB) with the object of state land made before a Notary whose services are not preceded by legal counseling because there is a legal relationship between the Notary with the respondent, but not contractual relations.

Notary Responsibility for Employee Health Insurance (Study in Mataram City)

The title of this journal writing is the Notary's responsibility for Employee Health Insurance. The purpose of writing this journal is to (1) To analyze the arrangement of Notary's responsibility towards the employee's Health Insurance registration according to positive law, (2) To explain and analyze the application of sanctions for Notaries who have not included their employees in Health Insurance. This study uses a normative - empirical approach. The data used are primary data and secondary data. The data obtained were analyzed qualitatively and then presented in descriptive descriptions. The research results lead to a conclusion that: (1) Every company such as a Notary office is an employer, in Law No. 24 of 2011 Article 15 paragraph (1) employers are required to gradually register themselves and their workers as BPJS participants, (2) Mechanism for imposing administrative sanctions for companies that have not become participants of BPJS Kesehatan Insurance are written warnings, fines and do not receive certain public services.

The Juridical Implication on Signature of a Notary or Official Land Deed on the Statement Certificate of Transfer of Rights of a Land and/ or Building or the Amendment of Bonding Agreement of Sale and Purchase of Land and/ or Building

This research journal discusses legal issues relating to the legal implications of Notary Public or Land Deed Officials (PPAT) in the declaration of transfer of land and / or building rights or the amendment of sale and purchase agreement on land and building to be reviewed from Appendix II of the Regulation of the General Director of Tax No. PER-18 / PJ / 2017. Based on Article 3 of the Regulation of General Director of Tax Number PER-18 / PJ / 2017 concerning Procedures of Research of Proof of Fulfillment of Tax Obligation of Income Tax on Transfer of Right to Land and / or Building and Sale and Purchase Agreement on land and / or building and its amendment, where the taxpayer or his / her proxy is required to submit a research request proof of the fulfillment of the obligation to deposit the income tax one of them by attaching the Statement of transfer of rights to the land and or building that has been filled completely and stamped, and a copy of proof of sale and / or receipt of cash in cash which has been signed by the party that transferred the right to the land. Therefore, the Notary or Officer of the Deed of Land (PPAT) as the official authorized to make the deed related to the transfer of land and / or building rights are required to participate in knowing and signing the Statement of Transfer of Land and / or Land Rights. Pursuant to this matter, this research aims to know and analyze authority and responsibility of Notary / PPAT in signing letter of transfer of right of land and / or building, and juridical implication of Notary / PPAT signature in the statement letter. The research method used by the writer is the statutory approach. Notary / PPAT does not need to be involved in the Letter of Declaration of the transfer of land and building rights, and the Notary Law does not mention any applicable sanctions.

TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG CACAT SECARA FORMAL

Authentic Deed is a deed in which the truth of the Formal and Material and Subjective elements and the Objective Elements must be in accordance with the applicable Laws and Regulations. This study analyzed the form of notary's responsibility as an official making deeds on deeds that formally defects and legal consequences for authentic deeds if the witnesses in the deed are not present at the time the deed is read. The research method used normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the Notary Deed that does not meet the Formal and Maternal requirements and does not meet the Subjective Elements and Objective Elements, then the deed can be null and void, and / or can be canceled. The absence of witnesses at the time of reading and signing the Minuta deed can make the notary be declared to give false information in an authentic deed

TANGGUNG GUGAT NOTARIS ATAS KETIDAKSESUAIAN HARGA TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DENGAN HARGA SEBENARNYA

Agreement on sale and purchase of land and buildings creates tax obligations for sellers and buyers. Under these conditions often the parties provide false information on the price of the transaction in the deed so that the obligation to pay taxes is also lower. In essence the Notary is merely writing in writing and the form of legal actions of the parties concerned so whether in this case the Notary is accountable for the incompatibility of the transaction price with the actual price. The author in this study wants to examine and analyze further about the validity of the Notary Deed that contains false information related to the transaction price and the notary's responsibility for the false statements of the parties to avoid tax obligations. The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach. The existence of false information submitted by the parties does not result in the Notary Deed being canceled. The Notary Deed during its manufacture has fulfilled the formal aspects of making authentic deeds which have been stipulated in the UUJN, so that they remain valid and binding on the parties. The existence of false information in the Notary deed for the incompatibility of the sale and purchase transaction price to avoid tax obligations is not the responsibility and responsibility of the Notary but is fully the responsibility and accountability of the parties because the Notary function only constructs the will of the parties.

Duties and Responsibilities of Notary on The Act on His Own Viewed From Act No. 2 of 2014 on The Department of Notary

Notary is a public official who has the authority to make authentic documents and any other authority as referred to in Article 1 paragraph (1) of Act no. 2 of 2014 on the amendment of Act No. 30 of 2004 on the department of notary. The aim of this study was to: 1) To determine the duties and responsibilities of the Deed made by it in carrying out its duties and his position based on Act no. 2 of 2014 concerning Notary. 2) To find out the weaknesses of the duties and responsibilities of the Deed made by Act no. 2 of 2014 concerning Notary. 3) To find a solution weakness of the duties and responsibilities Against the Act made. The data used in this study are primary data, secondary and tertiary then analyzed by juridical empirical method that is reviewing the law relating to the issues discussed.Based on the data analysis concluded that: 1) The duties and responsibilities of a notary deed prepared to very low and many things that are broken. 2) the provisions set forth in Act no. 2 of 2014 concerning Notary less able to protect the client. 3) the provisions set forth in Act no. 2 of 2014 concerning on Department of Notary must include also the protection of the client as a result of the negligence of the notary who is aggrieved clients.Keywords: Notary Duties; Responsibilities Notary; Deed Of Notary.

TANGGUNG JAWAB NOTARIS PPAT DALAM PELEPASAN HAK ATAS TANAH DENGAN GANTI RUGI YANG MERUGIKAN PIHAK LAIN (Studi Putusan Nomor. 09/Pdt.G/2013/PN.BJ)

The notary has responsibility for the deed he made, if the notary deed causes harm to other parties, then the notary can be held accountable. One of the cases that occurred in the jurisdiction of the Stb District Court, namely a civil lawsuit against the deed of relinquishment of land rights made by a notary who had been examined and put on trial by Binjai District Court with the Verdict Number 09/Pdt.G/2013/PN.Bj. The deed of relinquishment of land rights made by a notary and caused harm to other parties, and then the notary can be held accountable, civilly, administratively and criminally, if the making of the deed is fulfilled with a criminal offense. The legal consequences of relinquishing land rights are detrimental to other parties, namely the cancellation of the deed. As for the conclusion, the authority of a notary in making a deed in the land sector is regulated in Article 15 paragraph (2) letter f of the UUJN, namely making a deed related to land. The notary's responsibility for the deed he made consists of civil, criminal, based on UUJN and based on the code of ethics of the notary profession. In civil law, a person feels that his or her civil rights have been violated, then that person has the right to file a claim for compensation and the acquisition of the violated rights. The Verdict No. 09/Pdt.G./2013/PN Bj, it appears that the role of a notary in this case is to make a deed of relinquishment of rights between Defendant II to Defendant XVII to Defendant I. Meanwhile, the notary must know or must first know the validity of the deed. The land deed is related to the legal action desired by the appearers, by checking with the National Land Agency. Keywords: Liability, Notary, Release of Land Rights.

Responsibility of Notary in The Making of Agreement Which Impacted to The Credit Loss in Bank Mega Branch of Kudus

Notaries are defenders of truth and justice so that law enforcement officials must carry out in good faith and sincerity, so that the legal profession is an honorable and noble profession (officium nobile). The number of notaries make increasingly tight competition between the notary and the notary sometimes make less cautious in their profession. The paper concludes that the Notary responsible for what was witnessed, which is seen, heard and done by notaries as public officials in the run position. Notaries are not responsible if any proofs and documents that are not true of the applicant.Keywords: Notaries; Agreements; Identity.

Notary Responsibility to the Delay in Registration of Limited Liability Companies in Legal Entity Administration System (SABH) Ministry of Law and Human Rights In Accordance with Law Number 40 year 2007 concerning Limited Liability Companies

Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay

Kewenangan dan Tanggung Jawab Notaris Pengganti setelah Pelaksanaan Tugas dan Jabatan Berakhir

Abstract
 As an honorable position and profession, the notary replacement also has obligations that must be implemented, either based on laws and regulations that specifically regulate notary public (UUJN), or other laws and regulations. The authority of a notary substitute shall be the same as that of a notary public, comprising of general authority, special powers, and powers that shall be determined later in accordance with the laws and regulations. The replacement notary's legal liability includes civil liability, criminal responsibility, UUJN-based responsibilities, and responsibility for performing his / her duties under the Notary's Code of Conduct. However, the limitation of the length of time the substitute notary's responsibility to the deeds he made, has not been explicitly regulated in the UUJN.
 Keywords: Deed, Authority, Notary Substitute, Responsibility

Pertanggungjawaban Ahli Waris Notaris sebagai Pejabat Umum atas Akta Notaris yang Menimbulkan Kerugian Para Pihak

This article discusses the provision of Article 65 of Notary Law (UUJN) which contains the unclear time limit of the notary's responsibility in performing his duties as a public official. The article does not provide explicit explanations to the extent to which the notary no longer holds the responsibility after termination or death to the authentic deeds made. The purpose of this study is to know, identify and analyze the form of accountability of notary heirs as general officials on notarial deeds that cause harm to the parties. By using normative research, there are research results among others. First, based on the theory of fautes personalles, the theory which states that losses to third parties are imposed on officials who because of their actions have caused harm. Second, according to the theory of inheritance that becomes the object of the estate is a wealth in the sense of assets and liabilities. Unlawful acts of civil law are per-artificial wrong done by individuals, so it can not be associated with heirs. The government should make a clearer regulation of the deadline of notary responsibility by adding a separate chapter to the UUJN that regulates notary responsibility.
 Keywords: Responsibility, Notary Public Notary, Public Official, Notary Deed

TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA YANG DIBUATNYA SETELAH BERAKHIR MASA JABATANNYA DI TINJAU DARI PASAL 65 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS

Notary is defined asanauthorized public official to make authentic deed and other authorities referred to Acts or any other laws of Indonesia.The purpose of this study is to find out what sort of Notary responsibilities, SubstituteNotary, and Acting Notary on deeds made after the end of his term, and to find out the time limit of liability of Notary, Substituted Notary, and Acting Notary on each deed made or supervised by notaryreffered to Article No. 65 of Indonesian Notary Act (UUJN).This study used juridical normative method that studying laws in Indonesian Act.This study focused on documents or literature reviews related to theories, relevant opinion to the issues of the study.The results showed that Notary as an authorized public official (openbaarambtenaar) to make authentic deeds and to be responsible for his actions related to his profession.The scope of a Notary liabilityincludes: both civil liability and crime, based on UUJN and the ethics code of Notary. To determine the validity of liability from Notary, Substituted Notary, and Acting Notary for the deed made or supervised by, it must be reffered to the concept of the Notary as a Profession (ambt).The provisions concerning with the validity of liability shall be sued in the court for the parties aggrieved by the violation in authentic deed based on the provisions expiry. Keywords: Responsibility, Notary, authentic deed, Ends of term.