scholarly journals Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 433
Author(s):  
Arif Bahtiar Jefry ◽  
Lathifah Hanim
Keyword(s):  
Code Of Conduct ◽  
Civil Code ◽  
Strength Of Evidence ◽  
Criminal Sanctions ◽  
Judicial Decisions ◽  
Subjective Element ◽  
Injured Party ◽  
The Law ◽  
Article 50 ◽  
Administrative Sanctions

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.

scholarly journals KONSTRUKSI SANKSI ADMINISTRATIF PERATURAN DAERAH PROVINSI BALI NOMOR 2 TAHUN 2012

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Putra Arik Persona
Keyword(s):  
Local Regulation ◽  
Criminal Sanctions ◽  
The Law ◽  
The Republic ◽  
Administrative Sanctions

The study describes the overlap of arrangements of administrative sanctions in the Law No. 12 of 2011 with the construction of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012. The arrangements of administrative sanctions according to Law No. 12 of 2011 are stipulated in appendix II number 64 which stipulates that the substance in the form of administrative sanctions or civil sanctions for the violation of these norms are formulated into one part (chapter) with the norms that impose administrative sanctions or civil sanctions, and in appendix II number 65 which regulates if there is more than one norm that provides administrative or civil sanctions, administrative sanctions or civil sanctions are formulated in the last chapter of the section. Thus, it does not formulate the provision of sanctions that also contains criminal sanctions, civil penalties and administrative sanctions in one chapter. The arrangements of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012 are stipulated in Chapter XIV of Article 33 paragraph (1), (2), and (3), thus it is contrary to the provisions of Appendix II of Law of the Republic of Indonesia Number 12 of 2011 numbers 64 and 65.

scholarly journals THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY

2018 ◽  
Vol 2 (1) ◽  
pp. 65-77
Author(s):  
Ratih Damayanti
Keyword(s):  
Civil Code ◽  
The State ◽  
Tax Collection ◽  
The Future ◽  
State Position ◽  
The Law ◽  
Administrative Sanctions ◽  
Debt Payment ◽  
General Taxation

Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the wealth owned and the wealth that will be owned by the debtor in the future. The State has the preference right to tax debt on the property of the Taxpayer. This means that the position of the state as a preferent creditor who is declared to have prior rights over the property of the Taxpayer to be auctioned in public. The state's preference by taxpayer repayment is in fact not as easy as one might imagine, there are some problems. The purpose of article writing is to know the position of the State as a preferent creditor for the tax debt of the taxpayer declared bankrupt and know the obstacles of the State as a preferent creditor to the repayment of tax debt on taxpayers declared bankrupt. Provisions on the State's prior rights include the principal taxes, administrative sanctions in the form of interest, penalties, increases, and tax collection fees. The weakness in the regulation creates an impediment to the application of the State as a preferential creditor who has the preference right, namely the formulation of the preference right itself that is unclear about the notion of the state's position as the preferent creditor, in addition to the overlapping regulation of the preference right (preferent creditor) The Civil Code, the Law on General Taxation and Bankruptcy Laws and Postponement of Debt Payment Obligations which not only the State as the Preference rights holder's creditors.

scholarly journals SANKSI HUKUM TERHADAP NOTARIS YANG MELANGGAR KEWAJIBAN DAN LARANGAN UNDANG-UNDANG JABATAN NOTARIS

Acta Comitas ◽  
2017 ◽  
pp. 110
Author(s):  
Mardiyah . ◽  
I Ketut Rai Setiabudhi ◽  
Gde Made Swardhana
Keyword(s):  
Supervisory Board ◽  
Penal Code ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
Civil Lawsuit ◽  
Legal Sanctions ◽  
Administrative Sanction ◽  
Article 50 ◽  
Administrative Sanctions

Law Number 2 of 2014 on Notary Function (UUJN) governs on Civil and Administrative sanctions to Notary violating obligations and prohibition as set forth in Article 16 and 17 of UUJN, however criminal sanction is not governed in the UUJN, therefore the application of criminal sanction itself has not been able to be imposed to a Notary violating the obligations and prohibitions of UUJN. And there is no arrangement to the mechanism of civil sanction imposition related to the cancellation of deed in the event of the authentic deed in the UUJN. Based on the background, the problems arising, namely, first How is the setting of legal sanctions against Notary violating Obligations and Prohibition  of  UUJN and second, what is the mechanism of handing down sanction (pursuant to the procedural law)  to the Notary  violating obligations and  prohibitions  UUJN how is the settlement mechanism of legal sanctions against Notary violating UUJN-P? This study is qualified as a normative legal research. The source of legal materials for this study was obtained from primary, secondary and tertiary legal materials. The results of this thesis are civil sanction is  governed in Article 16 paragraph (9 and 12), Article 41, Article 44 paragraph (5), Article 48  paragraph (3), Article 49 paragraph (4), Article 50 paragraph (5) and Article 51 paragraph (4) of UUJN. The administrative sanction is governed in Article 7 paragraph (2), Article 16 paragraph (11 and 13), Article 17 paragraph (2), Article 19 paragraph (4), Article 32 paragraph (4) Article 37 paragraph (2), Article 54 paragraph (2) and Article 65A of UUJN. Criminal sanctions are not governed, but a notary may be charged with criminal sanction pursuant to the provisions of Penal Code, providing that the act of the notary has complied with the formulation of breaches set forth in the UUJN, ethic codes and Penal Code. Second, the mechanism of application of civil sanction related to the cancellation of authentic deed into under hand deed should go through civil lawsuit process at general court lodged by the parties whose names are stipulated in the deed and suffer from damages as the effect of such deed. The mechanism of application of administrative sanctions to a notary should be directly imposed by the Supervisory Board, where the sanctions are gradually applied.  The mechanism of application of criminal sanction to a notary if proved to commit the criminal act, the Notary shall be penalized and generally Penal Code can be applied to the Notary pursuant to the principle of lex spcialist derogate legi generali interpreted in a contrario manner.

scholarly journals An Analysis of Major Provisions of Nepalese Law of Contract (Part-V of Muluki Civil Code, 2074)

2020 ◽  
Vol 23 (1) ◽  
pp. 153-162
Author(s):  
Satya Narayan Kalika
Keyword(s):  
Analytical Methods ◽  
Secondary Data ◽  
Civil Code ◽  
Point Of View ◽  
Primary Sources ◽  
Judicial Decisions ◽  
The Law ◽  
The Given

This doctrinal study has adopted exploratory, descriptive and analytical methods. The analysis is based on primary sources of law drawn from statutes and judicial decisions, and some secondary data drawn from articles, books and treatises on the given issue. The nascent Muluki Civil Code, 2074 contains various provisions which are important from the jurisprudential point of view of the law of contract. This paper thrives to explore the major provisions of the current law of contract in Nepal, analyse the major provisions and jurisprudence of the law of contract, while also highlighting the differences between the new and old laws regulating contract in Nepal.

scholarly journals Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis

2020 ◽  
Vol 1 (1) ◽  
pp. 7-12
Author(s):  
Julius Roland Lajar ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Health Workers ◽  
Health And Safety ◽  
Code Of Conduct ◽  
Medical Personnel ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Standard Operating ◽  
Administrative Sanctions ◽  
Health Laws ◽  
Laws And Regulations

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.

scholarly journals Manipulation of Transaction Value to Reduce Fees for Acquisition of Land and Building Rights

2021 ◽  
Vol 23 (1) ◽  
pp. 157-176
Author(s):  
Suhaimi Suhaimi
Keyword(s):  
Legal Responsibility ◽  
Financial Resources ◽  
Legal Research ◽  
Regional Finance ◽  
Criminal Sanctions ◽  
The Law ◽  
One Year ◽  
Administrative Sanctions ◽  
Transaction Value

The purpose of this study is to analyze the responsibility of taxpayers who manipulate transaction values in order to reduce Fees for Acquisition of Land and Building Rights (BPHTB). This research is inspired by the results of previous research that many BPHTB taxpayers manipulate transaction values to reduce BPHTB, but they are missed from legal responsibility, so that their actions seem normal in society and are not perceived as despicable and violating of the law. This research is a normative legal research using a statutory approach, so that it can be seen how the responsibility of taxpayers who are not honest in paying BPHTB. The results showed that in statutory regulations cannot be found administrative sanctions imposed on taxpayers who manipulated transaction values to reduce BPHTB. In fact taxpayer's actions are really detrimental regional finance, because their taxes are paid to the Regional Treasury as the original financial resources. Sanctions contained in statutory regulations are only criminal sanctions, as regulated in Article 174 of Law Number 28 of 2009 with the threat of imprisonment for a maximum of one year if due to negligence and a maximum of two years if done intentionally.

scholarly journals Strength of Evidence of Notarial Deed in the Perspective of Cyber Notary in Indonesia

2019 ◽  
Vol 6 (3) ◽  
pp. 775
Author(s):  
Tegas Hari Krisyanto ◽  
Zainul Daulay ◽  
Benny Beatrix
Keyword(s):  
Civil Code ◽  
Electronic Systems ◽  
Legal Regulations ◽  
Face To Face ◽  
Strength Of Evidence ◽  
Electronic Transactions ◽  
The Law

The objective of this study is to determine the opportunities, constraints and strength of evidence of notarial deed in the perspective of Cyber Notary in Indonesia. This study applies a normative juridical method using a conceptual and statute approaches. The results of the study found that a) the opportunity to implement Cyber Notary based on Law on Notary Position Amendment and Law on Information and Electronic Transactions turned out to face obstacles that actually originated from the provisions of the Law itself. This mainly concerns the procedure for the formality of notarial deed making whose form must be in accordance with the provisions of the Law (Law on Notary Position Amendment, Law on Information and Electronic Transactions, and Civil Code). It also concerns the obligation and necessity to hold face-to-face interactions between notary and appearer, to read the deed before the appearers who are at least attended by 2 (two) witnesses, and to sign the deed directly before a notary and appearer and b) the strength of evidence of deed resulting from this Cyber Notary product does not have perfect evidence like an authentic deed. Violations of the provisions of the Law (Law on Notary Position Amendment and Civil Code) resulted in the degradation of the value of evidence of the deed; i.e. it becomes equivalent to private deed. However, the implementation of Cyber Notary is certainly possible by making changes to the relevant legal regulations and the development of supporting infrastructure and adequate electronic systems.

scholarly journals Corporate Criminal Liability Not Fulfill the Rights of Persons with Disabilities

2021 ◽  
Vol 1 (19) ◽  
pp. 8
Author(s):  
Jonaedi Efendi ◽  
Prasetijo Rijadi
Keyword(s):  
Policy Maker ◽  
Criminal Liability ◽  
Corporate Management ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Criminal Sanctions ◽  
The Law ◽  
Corporate Actions ◽  
Administrative Sanctions ◽  
Corporate Criminal Liability

This research aimed to review a corporate action which contains the elements of a criminal act that do not fulfill the rights of Persons with Disabilities and liability as stated in Constitutions Number 8 of 2016 concerning Persons with Disabilities. This research using normative law method, the approach that used is statute and conceptual approach. This research shows that the elements of corporate actions that have implications for criminal acts in this law are actions of corporate management acting on behalf of the corporation or the policies of the corporation that have ignored or prohibited persons with disabilities from obtaining their rights as stated in the law. The corporation accountability in Constitution Number 8 of 2016 concerning disability person there are 2 kinds, administrative sanctions and second, cumulative criminal sanctions, namely in the form of imprisonment and fines. Whereas, the concept of criminal liability against corporations used in this law is the corporation as a responsible policy maker and administrator, in the sense that the criminal act according to this law is violated by the corporation, the corporate management will be responsible according to the cumulative criminal sanctions contained in the law.

scholarly journals Perlindungan Hukum terhadap Pemegang Desain Industri yang Sama dengan Merek yang Berbeda

2021 ◽  
Vol 2 (1) ◽  
pp. 39-44
Author(s):  
Ni Komang Monica Dewi Maheswari ◽  
I Nyoman Putu Budiatha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Business World ◽  
Criminal Sanctions ◽  
The Law ◽  
Administrative Sanctions

Industrial design and brand that has been registered could not be replicated, copied, or rented out without the consent of the owner of the design and brand. The design industry and brand need to be protected in order to create the conditions of the business world that is safe and fair. Right to intellectual property has an important role in protecting the inventors thought that in order to avoid the behavior of a cheat. It is due to intellectual property rights is a right that was born from the thpught which are outlined in a wide variety of creation and provide benefits for its creator. The law provides protection to holders of rights in the form of prevention of the business of cheating that make, use, sell, and distribute goods produced without the permission of the owner right. If there are people and companies who cheated on industrial design it can be given administrative sanctions or criminal sanctions in prison.

scholarly journals STRENGTHENING LHKPN: PREVENTION OF ILLICIT ENRICHMENT IN EFFORTS TO ERADICATE CORRUPTION

2021 ◽  
Vol 2 (2) ◽  
pp. 66-73
Author(s):  
Vita Mahardhika
Keyword(s):  
Legal Research ◽  
Criminal Sanctions ◽  
State Administrators ◽  
The Law ◽  
Administrative Sanctions

This research aimed to discuss State Organizer's Asset Report or Laporan Harta Kekayaan Pejabat Negara (LHKPN) problems due to the eradication corruption process in Indonesia. This research is normative legal research with a conceptual, historical, and statutory approach. From the research it can be seen that as an effort to prevent illicit enrichment carried out by state officials, it is necessary to strengthen the wealth reports of state administrators, namely by making changes to Law Number 28 of 1999, from collusion, corruption, and nepotism. related to the form and mechanism of the application of sanctions. The recommendation is the law on the Free Implementation of Corruption should be strictly regulated regarding severe administrative sanctions in the form of types of penalties, that directly impact the position of state administrators, and criminal sanctions for state officials who are indicated to have falsified their reporting.

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