PENGGUNAAN HAK INGKAR OLEH NOTARIS SEBAGAI SAKSI DALAM PERKARA PIDANA (Studi Kasus Putusan No.106/Pid.B/2009/PN.Pl.R)

Claim of breach is a consequence of the obligations of keeping something in mind. The research entitled �Claim of breach by Notary As Witness In Criminal Case (case study on decision number :106/Pid.B/2009/PN.Pl.R)� aims to determine or describe the use of dissenter rights of deed made by Notary in criminal cases. And other objective purposes is to know the role of the supervisory council of the notary as a witness in a criminal case. This research is this is a normative-empirical legal research. For the compilation of this study using primary legal materia

PELAKSANAAN PEMERIKSAN NOTARIS YANG DI DUGA MELAKUKAN PERBUATAN PIDANA TERKAIT DENGAN AKTA YANG DIBUATNYA DI KOTA BUKITTINGGI

The purpose of this study was to determine the implementation of the Notary examination allegedly committed a criminal act related to the certificate issued, and to determine legal liability Notary Public who is assumed to perform a criminal act related to the deed that in him. The approach will be used in this study is the juridical approach to sociological / empirical, that is, a legal research is done by looking at the aspects of the application of the law itself in the community, who studied at first are secondary data, to then proceed with the examination of primary data in the field , or to society. To call Notary allegedly involved in criminal cases, the examination should be done by law enforcement officers are subject to statutory provisions of the Notary in accordance with Article 66 paragraph (1) of Law No. 30 of 2004 and continued with the signed agreement in Article 1 paragraph 2 of the MoU No.01/Mou/PPINI/ 2006. That screening should be accompanied by the Supervisory Council of the Regional Assembly and approved by the Regional Supervisor. While accountability for the suspect in (Notary/PPAT X, SH) which is assumed to perform a criminal act against the deed is made punishable Article 266 paragraph (1) KUHPidana about giving false information

PERTIMBANGAN PENETAPAN BESARAN HONORARIUM NOTARIS DI KOTA YOGYAKARTA

This study discusses the consideration of determining notary honorarium magnitude in Yogyakarta city, aims to determine the base for setting a notary honorarium in the city of Yogyakarta and to determine How notary honorarium scale application in the city of Yogyakarta. This study is an empirical juridical study. Empirical juridical research is the study of law about the enforcement or implementation of normative law (codification of the law or contract) is in action on any specific legal events that occur in society. The study subjects consisted of 3 speakers and 9 respondents. Data analysis methods used in this study is the analysis of qualitative data. The basic of Notary Honorarium Magnitude Determination in the city of Yogyakarta is Law No. 30 of 2004 concerning Notary Article 36 paragraph (1) through (4), based on UUJN addition, the basic for determining the amount of emoluments received by the notary in the city of Yogyakarta is also based on a code of conduct in the notary is in Article 3, paragraph 13 of the obligations of a notary the notary is obliged to implement and comply with all provisions honorarium established by the association. The magnitude of honorarium is to be a reference to regional Yogyakarta sufficient detail that refers to the internal agreement is dependent on the deed made by a notary. Application of Magnitude Honorarium Notary in the city of Yogyakarta between the respective notaries Yogyakarta city is different. These differences are caused by various factors in addition to the provisions of law which is still causing multiple interpretations, as well as consideration of the ability of clients served. In addition, the application of magnitude honorarium is also due to internal considerations notary

PERAN NOTARIS DALAM PENYELESAIAN PEMBAGIAN HARTA BERSAMA SETELAH PERCERAIAN YANG DISEBABKAN KEKERASAN DALAM RUMAH TANGGA DI PENGADILAN AGAMA BANJARMASIN

This research is aimed to understand if marital violence can be used as the basic reason to propose divorcement at Religion Court of Banjarmasin, and the judgment of Religion Court of Banjarmasin about marriage portion after divorce that is caused by marital violence (KDRT). The research that committed is empirical law research, that is a research focused into field research to obtain primary data. To support and complete data, normative law research is committed then. This research is committed by the way of library research to obtain secondary data. All data are analyzed then with qualitative descriptive method. The result of research are : (1) Amount of divorce case that handled by Religion Court of Banjarmasin for every years are always increased, and based from the official information of Religion Court of Banjarmasin, it is obtained the data about the dominan cause of divorce are marital violence (80%) over the other cause. (2) Amount of marriage portion case that handled by Religion Court of Banjarmasin for every years are very small, and based from the official information of Religion Court of Banjarmasin, data are obtained that both side would prefer to separate their marital portion in the agreement outside of court or they ask for help to the notary to separate their marital portio

ANALISIS TERHADAP PELAKSANAAN TUGAS JABATAN NOTARIS DI LUAR TEMPAT KEDUDUKANNYA

The purpose of this study is to know about the notary office performance of duties outside the domicile and the legal consequences that may result from the execution of those office duties. This research is a juridical-empirical. It is juridical, as a basis for studying the problem rests theoretically on the science of law and regulations in force, which is traced through the study of literature in order to obtain secondary data. It is empirical, because the way to obtain the primary data is conducted through field research by observing the reality that occurred in the practice of notary daily activities. The results and discussion leads to the conclusion that it is theoretically a notary is prohibited carrying out the office duties outside the juridiction, but allows carrying out the office duties outside the domicile on the condition that they are still in the juridiction, not done on a regular basis, in a state of forced and only for the manufacture of certain deeds that are not possible to do in the domicile. In practice, a particular instance of the deeds is like a deed of will, the treatise of draw, dead of protest of unwillingness to pay, deed which was attended by many. Theoretically violation of the notary office performance of duties outside his domicile has the legal effect of the notarial deed and the notary concerned. The legal consequences of the notarial deed is the degradation of the quality from authentic deed to be deed under hand. The legal consequences of the notary concerned is the threat of civil sanctions in the form of paying compensation to the aggrieved party proven and/or administrative sanctions. In practice, administrative sanctions merely verbal warning and/or a written warning

PERLINDUNGAN HUKUM TERHADAP PENGGUNA JASA NOTARIS DI KABUPATEN BANTUL

The research aims at identifying the factors causing the mistakes in deeds making in notaries offices within the area of Bantul regency, discovering how far legal protections toward the clients of notaries are performed by related parties, such as notaries, Notary Regional Supervisory Board (MPD), and Indonesian Notary Association (I.N.I), either the preventive or the repressive effort. The research belongs to juridical empiric research. It is juridical because the problem analysis is conducted based on legal material or prevailing rules related to the research material through library study to gain secondary data. It is empiric in a way that the research is based on field study to gain primary data. The research concludes that: (1) the factors causing mistakes in deeds making in notaries offices within the area of Bantul regency are the notaries� actions which violate the ethic code and Law of Notary Position (UUJN) as well as crimes carried out by the clients, (2) legal protection measures performed by MPD of Bantul regency are preventive in two steps, such as conducting routine monitoring towards the deeds and notaries� procedure once in every six months and coordinating with I.N.I Bantul in relation to the notaries� tasks and position as an effort of supervising as well as coordinating the organizational policies related to position tasks, organization, as well as governmental policies. The repressive effort responds quickly the reports from the society or requests from the investigating officer, attorney, and the court as the supervisor where the demanded clients� rights are likely to be fulfilled by the notaries causing loss. In the case of annulled deeds due to the request of annulment suit or the request from the investigating officer for investigation process over a criminal action on the deeds made, the legal protection is in the forms of releasing permit for the investigating officer aiming at assisting and guarantying the implementation of the law enactment and the fulfillment of each parties' rights