Supreme Court Decision Number Research Articles

PERKAWINAN BEDA AGAMA PASCA SEMA NO.2 TAHUN 2023 (Analisa Yuridis Sosiologis Perkawinan Beda Agama di Indonesia)

A small number of marriages of different religions in Indonesia are carried out because they have received court approval. The reason used as a basis is because religion is an absolute right of every person that cannot be forced and marriage is a citizen's right guaranteed by the State. This reason encourages researchers to study the problems of interfaith marriages mentioned above. The research method currently being carried out is library research, namely research that applies a conceptual approach by expressing various opinions of legal experts regarding marriage between people of different religions. The results of the research show that inter-religious marriages have two different interpretations: first, the marriage is declared valid and can be carried out based on 4 grounds, namely: 1) interpretation of the Marriage Law article 2, that marriages of different religions may be carried out, 2) The reason for submission is based on Supreme Court decision Number. 1400 of 1986, 3) Article 35 of the Adminduk Law, and 4) based on the reason that people whose marriages are not registered at the KUA, can be allowed to be united in one family and have a KTP with marital status written on it, as per the regulations in the Minister of Home Affairs Regulation No. 9 of 2016. Second, some reject interfaith marriages based on: 1) Article 2 of Law no. 1 of 1974 (with the interpretation that marriage must be of the same religion), 2) Article 4 of the KHI which prohibits marriages other than Muslims, 3) MUI Fatwa No. 4 of 2005, 4) Results of NU Congress No. 28 of 1989 and Tarjih Muhammadiyah No. 22 of 1989, 5) MK no. 56/PUU-XV/2017.

DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER)

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.

The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.

Criminological Translators Are Used By The Law Enforcement Front Member Of The Islamic Foreign Front (Fpi) For Extra Judicial Killings, Which Refer To Murders That Occur Outside Of The Judicial Process (Analysis Of Supreme Court Decision Number 939 K/Pid

Criminological Translators Are Used By The Law Enforcement Front Member Of The Islamic Foreign Front (Fpi) For Extra Judicial Killings, Which Refer To Murders That Occur Outside Of The Judicial Process (Analysis Of Supreme Court Decision Number 939 K/Pid

Pembatalan Akta Pembagian Harta Waris Yang Didasarkan Pada Hukum Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 909 PK/PDT/2019)

This research aims to analyze the legal consequences of Supreme Court Decision Number 909 PK/Pdt/2019 on inheritance according to Toba Batak Customary Law, and analyze the role of notaries in making a Deed of Testament containing the will of the confronter to inherit based on Toba Batak Customary Law. This doctrinal research uses secondary data in the form of legal materials relevant to Inheritance Law and Toba Batak Customary Law. The legal effect of the Decision a quo on inheritance based on Toba Customary Law is that the Deed of Testament is declared defective and null and void because it violates statutory provisions. In addition, it can also be stated that there has been a shift in inheritance in the Toba Batak Customary Society, which initially adhered to patrilineal legal norms to begin to accommodate equal rights between sons and daughters. In relation to the role of notaries in the preparation of Testament Deeds based on Toba Batak Customary Law, it can be stated that legal counseling on inheritance must be delivered before making a deed so that the confronter can understand the legal provisions he chooses to use as the basis for inheritance. In addition, the notary can make clauses in the Deed of Testament to clarify the intentions contained in the deed, especially in the context of the distribution of inheritance made based on the last will of the testator.

The Validity of The Deed of Sale and Purchase and the Deed of Granting Rights and Legal Consequences for the Winner of the Auction Based on a Mock Agreement

The validity of a covenant must meet 4 conditions, namely an agreement that binds him, the ability to make an agreement, about a certain matter, and a lawful cause. One example is in the Supreme Court Decision Number 655 K / Pdt / 2014 and Review Decision Number 636 PK / Pdt / 2016, there are differences in decisions regarding the Deed of Sale and Purchase and the Deed of Granting Rights of Dependents on the basis of a mock agreement. This study aims to analyze the validity of the sale and purchase deed and the deed of granting dependent rights as well as the legal consequences for the auction winner based on a mock agreement. The research method used is normative juridical, with a statutory approach, a conceptual approach, and a case approach. The data used in this study are secondary data obtained from literature studies. The results of the research obtained are the Validity of the Deed of Sale and Purchase of land rights based on receivables in the Supreme Court Decision Case Number 655 K / Pdt / 2014 states that the Sale and Purchase Deed made by PPAT is invalid and null and void. This is because in making the Deed of Sale and Purchase by PPAT based on the temple agreement made by a Notary, it does not meet the material requirements of an authentic deed, namely the non-fulfillment of the elements of a halal cause as stipulated in Articles 1335 and 1337 of the Civil Code, thus it also cancels the crossing out of the name in the land certificate from the Plaintiff to the Defendant carried out by BPN. In the decision of Review Decision Number 636 PK / PDT / 2016 stated that the Deed of Sale and Purchase and Deed of Granting Rights of Dependents were valid and there was no pretend agreement. The winner of the auction based on the Minister of Finance Regulation No. 93/2010 on auction implementation guidelines is the buyer who submits the highest bid and is certified as the winner of the auction by the Auction Officer. Article 41 paragraph (1) of Government Regulation No. 24/1997 on land registration explains that the transfer of land rights through transfer of rights by auction can only be registered if proven by quotation of auction minutes made by auction officials.

Legislative and Judicial Dynamics of Setting the Quota for Women's Representation in Parliament in the 2024 General Elections

The policy choice of regulating women's quota by the General Election Commission through PKPU Number 10 of 2023 (PKPU 10/2023) has caused debate among democracy observers, especially those who care about women's representation in parliament. This study aims to analyze the compatibility of PKPU Number 10 of 2023 with the Election Law and analyze the Supreme Court Decision Number 24 P/HUM/2023 regarding the material testing of Article 8 paragraph (2) PKPU 10/2023. The method used in the study is normative research with a statutory approach and a case approach. The results of this study show that there are differences between the quota for women's representation in PKPU 10/2023 and the Election Law. When viewed in terms of its formation, PKPU 10/2023 was made with the choice of authoritarian political configuration and is characterized as a conservative legal product. The results also justify the first discussion through the annulment of the provisions of Article 8 paragraph (2) PKPU 10/2023 through the Supreme Court Decision Number 24 P/HUM/2023. The conclusion of this study shows the incompatibility of women's quota arrangements regulated by the KPU, but this has been corrected through the Supreme Court's decision. The results of this study are also a contribution of thought for policymakers to always harmonize regulations in every legislative process.

Analisis Yuridis Terhadap Tindak Pidana Pemalsuan Akta Otentik oleh Notaris: Studi Kasus No. 146 K/PID/2015

This discussion delves into the legal aspects of criminal prosecution concerning authentic deeds containing forged signatures, with a specific focus on the responsibilities of notaries in the creation of authentic deeds and the legal considerations by judges based on Supreme Court Decision Number 146K/PID/2015. The discourse encompasses the definition of forgery, the penalties that may be imposed on notaries, and the legal considerations regarding the authenticity of authentic deeds affected by forged signatures. Emphasis is placed on the evidence admissible in legal cases, the authority of officials creating authentic deeds, consistency with applicable laws, and potential legal consequences. Forgery within authentic deeds, including forged signatures, constitutes a serious criminal offense that can result in severe legal consequences for the perpetrators. The responsibility of notaries as officials responsible for creating authentic deeds is to ensure the validity and authenticity of such documents. Supreme Court Decision Number 146K/PID/2015 provides guidance on the considerations judges should take into account when assessing the authenticity of authentic deeds containing forged signatures, including handwriting expert opinions, the utilization of forensic technology, and an examination of the context surrounding the creation of the deed. The importance of consistency with applicable laws in the process of creating authentic deeds cannot be overstated, as it is a crucial factor in determining the validity of legal documents in court. Legal consequences that may arise from forged signatures within authentic deeds include the nullification of the deed, legal sanctions imposed on the perpetrators, and restitution for damages to the aggrieved parties.

Legal Protection for Consumers who Experience Motorcycles in Secure Parking by PT. Securindo Packtama Indonesia (Study of Supreme Court Decision Number 2078/K/PDT/2009)

This research aims to find out the legal protection for consumers due to the loss of motorcycles in secure parking and to find out the legal considerations of judges in deciding Supreme Court Case Number 2078/K/Pdt/2009. The research method used by the author is normative juridical research conducted using a statutory approach and a conceptual approach. The results showed that consumer legal protection is provided through Article 18 of Law Number 8 of 1999 concerning Consumer Protection which provides a prohibition on making standard clauses for business actors. Regarding the legal considerations of the judges in deciding Supreme Court Case No. 2078/K/Pdt/2009, it is an appropriate decision because the concept of parking is included in the agreement of entrusting goods and in accordance with Article 1469 of the Civil Code, business actors are obliged to provide compensation to consumers. There are two legal protections for consumers, namely internal and external legal protection. In addition, the existence of DKI Jakarta Regional Regulation Number 5 of 2012 concerning Parking has brought significant changes to the parking system in the DKI Jakarta area.

Breaking The Promise to Marry Unlawful Acts or Default

This study aims to find civil law arrangements regarding the juridical analysis of breaking a promise to marry or what is commonly referred to as Broken Marriage Promises as an unlawful act. What are the legal consequences of breaking a marriage promise as unlawful? This study uses a normative legal research type with a statutory approach. The types and sources of legal materials use primary, secondary, and tertiary legal materials. Analysis of legal materials uses deductive logical reasoning, which is studied from a qualitative perspective. The results of the study show that breaking a promise to marry or commonly called promises of marriage as an unlawful act, is regulated in Article 58 of the Civil Code and several judges' decisions such as Supreme Court Decision Number 3191 K/Pdt/1984, Supreme Court Decision Number 3277 K/Pdt/2000, Decision of the Supreme Court Number 1644 K/Pdt/2020. The legal consequences of breaking a marriage promise as an unlawful act, namely if a person suffers a loss due to breaking of the marriage promise, both material and immaterial losses, then he can be sued for compensation following the loss suffered if the element of the unlawful act is fulfilled according to Article 1365 of the Civil Code. Keywords: Marriage promise; Unlawful act; Default.

JUDGE'S CONSIDERATIONS IN RESOLVING EXECUTION PARATE DISPUTES (CASE STUDY OF MA DECISION NUMBER 2553 K/Pdt/2016)

This research aims to examine the judge's considerations in resolving disputes regarding the execution of Supreme Court Decision Number 2553 k/pdt/2016. The research method uses a qualitative approach with a normative juridical research type and library data collection techniques regarding legal sources related to this research, then concluded with deductive analysis. The research results show that the source of law in the judge's consideration refers to statutory regulations, namely Article 6 UUHT which states that executions are carried out without the fiat of the Chief Justice. The decision also took into account the facts presented at the trial and decided that one of the parties had committed an act of breach of contract or breach of contract and that the actions taken by the creditor did not constitute an unlawful act. However, the judge's considerations in this decision did not refer to the general explanation of number 9 UUHT which explains that the execution of mortgage rights is based on the fiat of the Chief Justice. So that the implementation of the UUHT execution still contains confusion and vague diction which results in legal uncertainty.

Criminal Responsibility of Defendant in the Crime of Selling Housing Units that Have Not Completed the Status of Land Rights

The crime of selling a housing unit that has not completed its land title status is regulated in Article 154 of Law Number 1 Year 2011 on Housing and Settlement Areas. The act of selling housing without clear land rights status is very detrimental to the community, especially buyers as consumers who need a house to live in, as happened in Padang City. The criminal responsibility of the defendant who violated this provision was punished with imprisonment for 1 (one) year based on the consideration of the cassation judge in the Supreme Court Decision Number: 635 K/Pid.Sus/2019

Doctor's Liability to Patient Due to Default in Therapeutic Agreement (Case Study of Ma RI Decision Number 2811 K/Pdt/2012)

The legal relationship that occurs between a doctor and a patient is called a Therapeutic Agreement/Transaction. Risks that can cause harm to patients can occur in even the smallest medical procedures. A doctor can be held liable if he has made a mistake or negligence and caused harm, although basically no doctor intentionally makes a mistake as happened in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012. The type of research used by the author is normative juridical, namely legal research carried out by examining library materials or often also referred to as library legal research. The results of the research carried out were obtained by the judge's consideration in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012 which was inaccurate, because according to the Supreme Court judge, the cassation respondent's actions were correct and did not violate any legal provisions. In fact, after a description of the facts in the series of events in this case, it was clearly found that the doctor and hospital had done things that violated the provisions of the Health Law, including violating the Medical Code of Ethics. The actions of the cassation respondent, especially doctor E and including doctor J as the recipient of the delegation, have been proven to be in breach of contract. This is because the actions of the two doctors violated the provisions of the Medical Practice Law, namely that the actions they took were not in accordance with standard procedures and violated the provisions of the law.

Analisis Hukum Perdata Islam mengenai Wasiat Terhadap Putusan Mahkamah Agung Nomor: 379 K/AG/2009

The purpose of this study is to answer the question of how the analysis of Islamic Civil law regarding wills in the Supreme Court Decision Number: 379 K/AG/2009. A will is made with the aim that the heirs cannot know whether the inheritance left by the testator will be inherited by his heirs or whether it will be inherited by another party who is not at all |heirs until the time comes to read the will. In particular, testamentary items must not exceed 1/3 of the assets of the testator, if this is the case then it could be considered not in accordance with the will rules. The results of this analysis found that the will does not have an absolute position to be carried out/executed. This can happen if the execution of the will is obstructed by the owner of the object of the will. Therefore, it can be said that a will made as a last will is not necessarily a last will, because it can be canceled or annulled by law. Cancellation is carried out if the disputing party submits the matter to the court, then the position of the will becomes not absolute to be implemented if the will is an nulled or an nulled by law incourt. The importance of a will in estate planning lies not only in the distribution of assets, but also in the arrangement of issues such as dependents and obligations. Thus, a will becomes a vital legal instrument in protecting a person’s interests and wishes after death.

Juridical Analysis of the Crime of Money Laundering from the Proceeds of Narcotics Crimes (Study of Supreme Court Decision Number 386.K/Pid.sus/2022)

A new paradigm in solving the problem of eradicating money laundering crimes which are linked to narcotics crimes, where these narcotics crimes are the lifeblood of the mafia and at the same time the proceeds of narcotics crimes with the money laundering mode are a weak point for the mafia which is easy to detect. This research aims to find out how law enforcement is regulated for laundering money from narcotics crimes. How to implement the obstacles and solutions for law enforcement in the crime of laundering money from narcotics crimes. What is the analysis of law enforcement for the crime of money laundering resulting from narcotics crimes in the Supreme Court Decision Number 386.K/Pid.sus/2022. This research uses a normative juridical research method that is descriptive analysis, namely research carried out by examining library materials (secondary data) or library legal research. To obtain primary data, field research was carried out in the form of interviews. Obstacles faced in preventing TPPU crimes from the proceeds of narcotics crimes. Incompatibility of understanding between law enforcement officials regarding TPPU is the main obstacle. Without a common perception between investigators public officials and judges, the handling of money laundering cases will end in the perpetrator being released from the law. TPPU. Rapid advances in technology make it difficult to detect money laundering due to TPPU modes and techniques. The research results show that the criminal threat of money laundering is regulated in article 3, namely a maximum prison sentence of 20 (twenty) years and a maximum fine of IDR 10,000,000,000. The panel of judges at the District Court that hears money laundering criminal cases acts decisively in handing down criminals, especially because the investigation process usually receives scrutiny from the public, such as money laundering from narcotics crimes and corruption.

Disparity in Supreme Court Decisions and Medan Religious Court Decisions Regarding the Determination of Heirs

The Supreme Court, through Decision Number 485 K/Ag/2013, issued a decision regarding determining the inheritance rights of non-Muslim heirs through the 'aṣabah sababiyah route. The legal basis regarding 'aṣabah sababiyah is not contained in the marriage law or the compilation of Islamic law. In its decision, the Supreme Court referred to the 'aṣabah sababiyah theory of Egyptian inheritance law. This decision is a legal effort based on the decision of the Medan Religious Court Number 751/Pdt.G/2011/PA.MDN, which stated that, in inheritance law, the number of ulama agreed to require that heirs and heirs must have the same religion, namely Islam. This problem is interesting to study in more depth through the views of the Medan Religious Court judges and analyze based on a progressive legal perspective. This research is empirical legal research with a qualitative approach, and data collection in this research uses observation, interview techniques, and then analysis. This research found that 'aṣabah sababiyah is an asabah in the class of heirs, which occurs because of freeing both male and female slaves. The views of the Medan Religious Court judges regarding Supreme Court decision Number 485 K/AG/2013 concerning the Determination of the Heirs of 'Ashabah Sababiyah are in two groups, namely accepting the decision and rejecting the decision. If the disparity in the decisions of the Supreme Court and the Medan Religious Court in determining heirs of different religions is viewed based on progressive law, then Supreme Court Decision Number 485 K/AG/2013 is closer to the value of legal progressivity because one form of application of progressive law by judges is to realize social justice through the method of legal discovery by placing social justice in society above statutory regulations.

Paradigma Konstruktivisme Dalam Penegakan Hukum Kasus Pembunuhan Berencana Oleh Ferdy Sambo

This research discusses the Supreme Court decision Number: 813 K/Pid/2023 regarding the criminal law enforcement of premeditated murder committed by Ferdy Sambo. This decision changed the sentence for convicts from the death penalty to life imprisonment. This penal reduction needs to be studied using a constructivist paradigm. The constructivist paradigm will examine the operation of law in society which is influenced by people's experiences, whether social, religious, cultural, including ideological. The Supreme Court's decision provides legal considerations regarding mitigating reasons for the convict. This is the difference with the decisions of the lower courts. From a constructivist perspective, this is not quite right. It is necessary to state the factors of community experience in making decisions for convicts. Moreover, there was a dissenting opinion by the judge in adjudicating the Supreme Court's cassation decision Number: 813 K/Pid/2023. The difference of opinion is based on legal considerations that the reason for self-defense is forced, the self-respect or honor of the convict does not need to be considered. Then there are allegations of immoral acts whose truth has not been clarified by the convict to the victim. The reality of the experience was not explored enough in the decision, both social factors and environmental factors of the convict.This research discusses the Supreme Court decision Number: 813 K/Pid/2023 regarding the criminal law enforcement of premeditated murder committed by Ferdy Sambo. This decision changed the sentence for convicts from the death penalty to life imprisonment. This penal reduction needs to be studied using a constructivist paradigm. The constructivist paradigm will examine the operation of law in society which is influenced by people's experiences, whether social, religious, cultural, including ideological. The Supreme Court's decision provides legal considerations regarding mitigating reasons for the convict. This is the difference with the decisions of the lower courts. From a constructivist perspective, this is not quite right. It is necessary to state the factors of community experience in making decisions for convicts. Moreover, there was a dissenting opinion by the judge in adjudicating the Supreme Court's cassation decision Number: 813 K/Pid/2023. The difference of opinion is based on legal considerations that the reason for self-defense is forced, the self-respect or honor of the convict does not need to be considered. Then there are allegations of immoral acts whose truth has not been clarified by the convict to the victim. The reality of the experience was not explored enough in the decision, both social factors and environmental factors of the convict.

Tinjauan Yuridis Sengketa Persamaan Merek Antara Starbucks Corporation Melawan PT Sumatra Tobacco Trading Company (Studi Putusan Pengadilan Negeri Niaga Nomor 51/Pdt.Sus/Merek/2021/PN Niaga JKT.PST. dan Putusan Mahkamah Agung Nomor 836K/Pdt.Sus-HKI/2022)

Brands provide a distinctive feature for goods or services of a company with goods or services of other similar companies, so brands are important for business people. The problems that will be discussed in this study are the protection of trademark rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the process of resolving disputes over trademark equality in Indonesia, as well as legal analysis of trademark dispute decisions in the Commercial District Court Decision Number 51/Pdt.Sus/Merek/2021/PN Niaga Jkt. Pst. and Supreme Court Decision Number 836K/Pdt.Sus-HKI/2022. The research method used in this research is normative legal research. This research examines document studies, which uses various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. Trademark registration applied for by the owner of the Trademark if accepted will give rise to rights to the Trademark for the owner of the Trademark who registered the Trademark to the Directorate of Intellectual Property as a form of protection of trademark rights holders. If there is a trademark dispute, the settlement can be done by litigation and non-litigation. If the Trademark owner wants to do litigation, first the Trademark owner can file a lawsuit according to the procedures of the Trademark Act 2016. However, if you want to be resolved in non-litigation, it can be done through arbitration or alternative dispute resolution in accordance with Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution.

Agrarian Issues in the Indonesian State: Case Study of MA Decision Number 777.Pk/Pdt/2019 and Legal Protection for Landowners

This research discusses agrarian problems that occur in Sikayah Negara Indonesia with a focus on the case study of the Supreme Court Decision Number 777.pk/Pdt/2019 and examines the legal protection given to landowners. The background to this problem comes from the agrarian conflicts that are often faced by landowners, where their ownership rights are threatened. The research method used is normative legal research with a case study approach. The collected data was analyzed qualitatively to identify emerging agrarian problems, analyze the methods used in the case studies, and evaluate the legal protection given to landowners. The results of the research show that the case study of the Supreme Court Decision Number 777.pk/Pdt/2019 involves conflicts between landowners and other parties who also claim the same land rights. The methods used include document analysis, case discussion, and legal assessment. Based on the research results, it can be concluded that legal protection for landowners in the context of agrarian problems in Sikayah Negara Indonesia is still not optimal. There are weaknesses that need to be fixed in legal policy and law enforcement to ensure better protection of land ownership rights and the interests of landowners. In order to improve this situation, further efforts are needed to improve relevant legal policies, strengthen law enforcement, and provide fair and effective protection for landowners. This will ensure the realization of balanced agrarian justice and adequate protection of the rights of landowners in the Sikayah Indonesia Country.

PERTANGGUNGJAWABAN NOTARIS TERHADAP COVERNOTE YANG DIBUATNYA DALAM PERJANJIAN KREDIT

The use of notary covernotes in credit agreements can cause bank losses in the event of default while the process of binding mortgage rights has not been completed. This study raised two formulations of the problem, namely how the legal consequences of the use of cover notes on credit agreements? and what about the legal responsibility of Notaries related covernote in credit agreements?, using the theory of legal consequences and the theory of professional ethics of notaries. The method used in this study with this type of research juridical normative legal research literature or secondary data with sources of legal materials primary, secondary, tertiary and supported interview. The research approach used is legal approach, case approach, conceptual approach and analytical approach. Legal material collection techniques performed by identifying and intervening in the rule of Law positive, literature books, journals and other sources of legal materials. For technical analysis legal material is carried out by the interpretation of grammatical laws and methods construction of a legal analogy. The results showed that the legality of Covernote cannot be considered as an authentic deed in accordance with the authority of notary officials in making authentic deeds, because Covernote does not meet the requirements set forth in Article 1868 of the Civil Code. Covernote is not part of the law provided for in the law, it is only a practice or custom that develops in the performance of Notarial duties. The factors that encourage a notary to issue a Covernote are usually related to the unfinished work related to the duties and authority of the notary to issue an authentic deed. Covernote is used as a notification that the customer's land letters of credit application are still in the process of certification, royalty process, reverse name, or breakdown process if they have been certified. For example, in the application for a credit agreement, application for a building permit (IMB), application for a decree of the Ministry of Law and Human Rights (Kemenkumham), management of Rights applications, and others. The notary's responsibility related to the Covernote he made is related to the Supreme Court decision number 181/PDT/2019/PT MKS. The notary is responsible in the event that the Covernote is not implemented in accordance with the contents of the Covernote, and the notary may be subject to civil penalties in the form of reimbursement of costs, damages, and interest due to which the notary must pay to the party who suffered losses due to the violation. This is a form of Notarial responsibility in compensating for losses suffered by the injured party