AUTHENTIC NOTARIAL DEED ISSUE OF ATTORNEY POWER APPLICATION TO CHARGE ON MORTGAGE RIGHTS

In progress, if a debtor himself is unable to register Deed of Granting Mortgage Rights application, then he may choose a representative. As a consequence of debtor's absence, deed of giving mortgage rights must be made into Attorney power to Charge for Mortgage Rights deed. This research is a sociological juridical research. the research results obtained In its development Article 96 PMNA/Perkaban No. 3 of 1997 as amended by Perkaban No. 8 of 2012 requires that deed be made in accordance with forms prepared by BPN or the Land Agency. This is clearly at odds with the provisions related to deeds of Article 15 paragraph (1) of Act No. 2 of 2014 which mentions that Notaries are authorized to make authentic deeds, not writing letters or filling in forms such as SKMHT form drafted by BPN. Therefore, it is clear that the current SKMHT has contradicted the provisions of Article 15 paragraph (1) of Act No. 2 of 2014

The Importance of Notary Integrity and Commitment in Carrying Out Their Functions

Integrity and commitment are two important things for a notary in carrying out his duties and functions. Public trust in the professionalism of a notary is determined by the level of integrity and commitment he has. The notary must ensure that the tasks performed are in accordance with applicable professional and ethical standards. A strong commitment to duties and responsibilities helps ensure that legal transactions carried out by a notary are honest and fair. Therefore the researcher feels the importance of the integrity and commitment of a notary in carrying out its functions. In this study, researchers used the literature study method using books and journals as the main data. For secondary data researchers use data and other relevant literature. Researchers found that notaries need to have integrity and commitment in carrying out their duties, especially for the community

MODEL IDEAL MAJELIS PENGAWAS DAERAH NOTARIS SEBAGAI BADAN YANG MELAKUKAN PENGAWASAN DAN PEMERIKSAAN TERHADAP NOTARIS (Studi di Kota Semarang)

Notaris sebagai pejabat umum, yang diangkat oleh Menteri Hukum dan Hak Asasi Manusia adalah sebagai pejabat publik yang mempunyai kewenangan hukum untuk memberikan pelayanan umum kepada masyarakat, dalam pembuatan Akta Otentik sebagai alat bukti yang sempurna berkenaan dengan perbuatan hukum di bidang keperdataan. Notaris sebagai jabatan kepercayaan, untuk mendengar pihak-pihak mengutarakan kehendaknya, kemudian membacakan isi akta kepada para penghadap, menandatangani akta, dan lain-lain. Akta Otentik sebagai alat bukti yang terkuat dan terpenuh memiliki peranan penting dalam setiap hubungan hukum dalam kehidupan masyarakat. Problem yang dihadapai saat ini adalah Kinerja notaris yang kurang mampu melakukan tugasnya secara profesional dan adanya fakta dijumpai kasus malapraktik dan akta berpotensi konflik. Sehingga dari jabatan notaris yang seharusnya mampu memprotek terjadinya konflik, justru terjebak pada pembuatan akta yang berujung pada konflik. Tujuan dibuatnya akta notaris adalah agar tidak menimbulkan konflik dimudian hari, tetapi pada faktanya dengan terabaikannya kode etik serta peran tugas pengawasan dan pemeriksaan oleh Majelis Pengawas Notaris, maka tugas dan tujuan tersebut jauh dari harapan, sehingga fungsi hukum (Kepastian, Keadilan dan Kemanfaatan serta Keseimbang) belum tercapai. Perlu kiranya dilakukan penelitian lebih lanjut dengan pendekatan normatif dan metode yuridis empiris. Peneliti mengambil tempat penelitian di Kota Semarang, khususnya Majelis Pengawas Daerah, INI dan Kantor-kantor Notaris di Kota Semarang. dan penelitian ini difokuskan pada Model Ideal Majelis Pengawas Daerah Notaris Sebagai Badan Yang Melakukan Pengawasan Dan Pemeriksaan Terhadap Notaris, termasuk permasalahan dan solusinya dalam menyingkapi kendala-kendala yang muncul di lapangan berkaitan dengan tugas jabatan Notaris. Permasalahan tersebut dapat dirumuskan sebagai berikut: Bagaimana pelaksanaan pengawasan yang dilakukan terhadap tugas Notaris di Kota Semarang ? dan Bagaimana model pengawasan terhadap Notaris? Pembahasan masalah tersebut diharapkan dapat merekomendasikan perlunya payung hukum yang jelas dan diharapkan dapat bermanfaat dalam pengembangan wawasan para Notaris dalam menjalankan tugas dan jabatannya, agar Notaris memenuhi persyaratan dalam menjalankan tugasnya sesuai dengan ketentuan-ketentuan dalam peraturan perundang- undangan yang berlaku demi pengamanan kepentingan masyarakat umum

The New Role of Notaries in Making Information on Inheritance Rights after the New Enactment

. This study aims to determine and analyze the authority of the Balai Harta Peninggalan in making information on inheritance rights after the enactment of Permenkumham No. 7 of 2021, the roles and responsibilities of Notaries in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021. The use of the sociological juridical approach in legal research is caused by problems that are closely studied with juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of certainty and the theory of authority. The results of the study indicate that the authority of the Balai Harta Peninggalan in making a certificate of inheritance after the enactment of Permenkumham No. 7 of 2021 has been regulated in Article 3 letter c, in carrying out BHP's obligations to carry out the function of making an inheritance certificate. However, in Permenkumham No. 7 of 2021, it is not explained who can make a certificate of inheritance at the BHP. The role of the Notary in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021, namely making inheritance rights in accordance with the stipulated requirements and procedures for making inheritance certificates. Notaries must ensure the process of inheritance distribution for the use of groups and parties involved in the distribution of inheritance. The notary in making the certificate of inheritance is responsible for the village and sub-district if the SKWH does not appear in the deed. However, there are SKHWs of Chinese descent which are the obligation of a notary, because they use a Notary SKHW. And depending on the request or the needs of the client itself. Do you want SKWH or take a notary deed

Roles & Responsibilities of Notaries Regarding the Deed of Will which is Made In front of Notary

This legal research aims to know the role of a notary in the settlement of a will made before a notary, the responsibility of a notary to a will made before a notary and how is an example of a testament deed made by a notary. This research is a sociological juridical research  with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that Obligations that must be carried out by a notary after a will is made are obliged to notify all testament acts that he made to the Central List of Wills (DPW) and Heritage Hall (BHP) both open testament (Openbaar Testament), written testament (olographis testament), or closed or confidential testament. Thus the notary has a very important role and the notary's responsibility for the testament act made before him, namely moral responsibility, ethical responsibility, and legal responsibility consisting of formal and material aspects. With respect to a testament act made before him, the notary is responsible for reading it out in front of witnesses. After that, the notary will notify the testament act to the Central List of Wills, the Directorate of Civil Affairs, the Directorate General of General Legal Administration, the Ministry of Law and Human Rights and the Relic Treasure Hall (BHP)

Legal Analysis of Mastery and Ownership of Land Rights Arise in Rembang Regency

This study aims to determine the mechanism for acquiring land rights to land in Rembang, Pasar Baggi Village, and how the law is enforced over the ownership of the emerging land. The research method used is sociological juridical research. namely a legal research carried out by looking at aspects of the application of the law itself in society, or a study of community behavior that arises as a result of interacting with the existing system of norms. This research uses an empirical approach and a statutory approach. Research data used in this study are primary data and secondary data. The data collection technique is by conducting direct interviews with sources in the field and document studies. The results of this study indicate that the mechanism for obtaining land rights arising in Rembang Regency is still based on local customary law/customs. This is proven because there are no people who have permission directly from the authorized government apparatus, namely the Rembang District Land Office. According to legal provisions in a formal juridical manner, in principle, the steps that must be taken to obtain land rights are the same as applications for state land rights in general, but for land arising on the coast, you must see regulations relating to land tenure in coastal areas and spatial plans. So far the Rembang Regency Land Office has not conducted an inventory of emerging land as mandated in the Circular of the Minister of Agrarian Affairs/Head of National Land Agency Number 410-1923 concerning Controlling the Status of Emerging Land and Reclamation. Meanwhile, the people who control the emerging land have not yet reported the emerging land they control. This shows that the government and the local community have not fully implemented the applicable laws and regulations, so that it can be said that the law enforcement of emerging land tenure in Rembang Regency has not run optimally. Keywords: Acquisition; Agrarian; Land

Implementation of Credit Restructuring as a Step for Bank Financial Rescue

One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss

The Role of Land Deed Maker Officials in Making the Deed of Transfer of Land Rights and Registration of Transfer of Names During the Covid-19 Pandemic

This research aims to know and analyze the role of land deed officials in making the deed of transfer of land rights and registration of transfer of names during the covid-19 pandemic at the Pekalongan City Land Office, to find out and analyze the legal consequences of making a deed of transfer of land rights that have been transferred, and to find out and analyze examples of a deed of transfer of land rights. This study uses a sociological juridical approach. This research specification uses descriptive analysis. The types and sources of data used in this study are primary data from interviews, while secondary data is obtained through library research. Research data collection is divided into 2 (two), namely primary data collection is done by interview and secondary data collection is done by collecting data contained in laws and regulations, books, articles and others. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the role of PPAT is to carry out some of the tasks of the state in the land sector, as a public official who is authorized to make authentic deeds. Since the signing of the deed by the parties, PPAT as one of the implementing officials of land registration is obliged to submit the deed he made and register the name transfer at the local Land Office. Since the Covid-19 pandemic, the Pekalongan City Land Office has implemented 8 (eight) steps of the conventional or semi-online service process, this is done so that services continue to run in a conducive manner and prevent the spread of the covid-19 outbreak. Second, there is legal certainty and legal protection for new rights holders by making a deed of transfer of land rights which has been transferred to a certificate of land rights

Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees

This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned

The Issuance of Land Certificates from an Electronic System

The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates