Claim Missing Document
Check
Articles

Found 7 Documents
Search

Urgensi Pengaturan Honorarium Notaris Untuk Kewenangan Selain Membuat Akta Autentik Farizal, Muhammad; Madjid, Abdul; Kawuryan, Endang Sri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.895 KB) | DOI: 10.17977/um019v7i1p189-205

Abstract

This study discussed the urgency of notary honorarium arrangements and reconstruction of notary honorarium arrangements besides making an authentic deed. The study utilized normative juridical research with a statutory approach and a conceptual approach with grammatical interpretation analysis. The urgency of determining the notary's honorarium was related to the philosophical, juridical, economic and sociological urgency. Giving an honorarium to a notary in addition to his authority in an authentic deed was very necessary because it provided legal protection for the rights that a notary should receive for the services that had been provided. The determination of the honorarium aimed to provide legal protection and legal certainty to notaries.
Implikasi Yuridis Keputusan Non Kuorum Majelis Kehormatan Notaris dalam Proses Pemeriksaan Notaris Hasibuan, Rizky Zulkarnain; Widagdo, Setyo; Kawuryan, Endang Sri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.279 KB) | DOI: 10.17977/um019v6i2p383-392

Abstract

This study aimed to analyze the juridical implications of non-quorum decisions of the Notary Assembly in the notary examination process and legal protection for notaries for non-quorum decisions of the Notary Honorary Council. The study used normative juridical, with statutory and conceptual approaches. This study discussed law as a norm or rule that applied in society and was used as a behavioural guide for everyone. The study results showed that the juridical implications of non-quorum decisions of the Notary Assembly in the notary examination process were null and void after a court decision had permanent legal force. The decision was declared legally invalid so that it cannot be applied to the notary concerned. Legal protection for notaries for non-quorum decisions of the Notary Honorary Council was obtained by filing an administrative objection to the State Administrative Court by suing the Notary Assembly.
Prosedur Ideal Pengakuan bagi Anak Luar Hasil Perkawinan Siri Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 Abdillah, Azka Aulia; Hamidah, Siti; Kawuryan, Endang Sri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.71 KB) | DOI: 10.17977/um019v6i1p1-10

Abstract

This study aimed to discuss the forms of recognition of children resulting from unregistered marriages, the reasons for the need to recognize children resulting from unregistered marriages, and regulating procedures for filing recognition of children's status. The study used a normative juridical type with a conceptual approach and a statutory approach. The form of recognition for out-of-wedlock children was in the form of a notary certificate of recognition as well as a birth certificate based on the results of a DNA test (deoxyribonucleic acid). The reason for the need for legal recognition of the status of the child of unregistered marriage by his father was based on philosophical, sociological, and juridical reasons. The procedure for recognizing the status of a child was carried out by identifying the problem, checking DNA, getting married, and distributing inheritance.
Dasar Pertimbangan Penetapan Nilai Limit Obyek Lelang Eksekusi Hak Tanggungan Fahmi, Herzie Riza; Negara, Tunggul Anshari Setia; Kawuryan, Endang Sri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 2 (2019): Desember 2019
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.604 KB) | DOI: 10.17977/um019v4i2p310-320

Abstract

This study aims to analyze the legal considerations used by the head of the district court in the adjudicate the auction of execution. The other purpose is to analyze the legal implications related to the enactment of the Security Rights Law and the Minister of Finance’s Regulation on Instructions for Auction Implementation. This study uses normative juridical research with a statute approach and a case approach. The results show that there are three basic considerations used by the head of the district court in determining the object's limit value over the auction of security rights execution. The juridical implication that the head of the district court is wrong in applying Article 6 of the Security Rights Law. The determination of the limit value by the head of the district court contrary to the principle of the judge being passive and waiting. 
PERJANJIAN BELI KEMBALI (BUY BACK GUARANTEE) YANG DIBUAT ANTARA PENGEMBANG DAN BANK DALAM PENYELESAIAN MASALAH KREDIT MACET Dominika, Retno Wahyurini; Kawuryan, Endang Sri
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.709 KB) | DOI: 10.25139/lex.v1i2.561

Abstract

The type of research used in this study is normative legal research, which according to Peter Mahmud Marzuki, "Legal research is a study that analyzes the factual situation and applies the legal doctrines that have been formed. Relying on the theory of justice and the protection of the law, the principle of the law of guarantee does not abandon the principle of principle in the Agreement theory and the implementation of the prudential principle in the banking world which underlies the emergence of buy back guarantee. This study further considers developer interest and practice in the field the notary to analyze the form of legal relationship and accountability between Debtor, Bank, and Developer which is subject to the buyback guarantee to be able to provide legal protection for the developer in case of retrieving object Guarantee. Finally in this study the authors conclude that the relationship between the Bank with the debtor/buyer who made the purchase of housing units with credit facilities Home Ownership of the Bank is regulated in a credit agreement with a guarantee with accountability Banks provide mortgage facilities and borrowers are obliged to pay installments, while the legal relationship between banks With the developer arranged in a buy back guarantee agreement, whereby the bank and the developer have entered into and signed a cooperation agreement stipulating that the developer is fully responsible and binding itself as a guarantor for the payment of the entire amount owed by the debtor/ buyer to the bank if the debtor/ buyer has Neglect obligations to the bank, then between the developer and the debtor / buyer the legal relationship arising is through the subrogation institution, where the payment of the debtor / purchaser's debt by the developer to the bank raises the subrogation or the change of the debtor's rights (A bank) by a third (developer) who pays the debtor (the bank) therefore as a form of legal protection for the developer to retrieve the collateral object if the developer executes the contents of the buy back guarantee, is the Subrogation Deed.
The Right of Management Originating From Indigenous People Ulayat Land: A Curse or A Solution? Aziz, Gheovani Abdul; Suhariningsih, Suhariningsih; Kawuryan, Endang Sri
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11405

Abstract

Indonesia has extensive forest areas and a rich diversity of cultures and customs. This is related to Indigenous Legal Communities, which, according to the constitution, must be recognized and respected. This research aims to examine whether granting the Right of Management over Ulayat Land represents a solution for sustainable land management or whether it could be detrimental to the land rights of Indigenous Communities. This study employs a Normative Juridical approach, utilizing both a Legislative and Conceptual approach. The legal materials used in this research include both Primary and Secondary Legal Materials, which are analysed using a perspective analysis technique. The research findings indicate that granting the Right of Management over Ulayat Land held by Indigenous Legal Communities can positively impact sustainable land management, provided that Regional Regulations and Regional Decrees accommodating the recognition and protection of Indigenous Legal Communities are in place. Conversely, it could be detrimental to the existence of Indigenous Communities if Regional Regulations and/or Regional Decrees concerning the recognition and protection of Indigenous Legal Communities are not properly regulated.
Criminal Liability of a Notary for Violation of The Principle of Precaution : Study Decision Number 88/PID.B/2022/PN MLG Sari, Riski Diana; Djatmika, Prija; Kawuryan, Endang Sri
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.748

Abstract

Notary Public own authority in matter making deed authentic so notaries also have responsibility on deed in making something deed authentic. Notary Public required always Act in a way Be careful in making deed, must research all true and relevant facts based on applicable laws. However sometimes in room scope There is also a notary rules-based habits that don't contained in the Law Position Applicable notary, p is executed based on law habit like one authority Notary Public that is in make cover note. So far This Notary Public make cover note only based on law habit Because no exists umbrella law to making cover note Notary Public. So that need exists repair rule law related with making cover note notary so that in the future Far Better. Study This use study law normative with use approach used is Approach Law (statute approach), Approach Conceptual (conceptual approach) and Approach Case (case approach). Result of study This i.e. Notary Public stated join in as well as do follow criminal Because has fulfil it elements in Article 378 of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code and also fulfil elements responsibility criminal that is exists ability responsible for the maker , relationship inner between si maker and his actions in the form intentional ( dolus ) or negligence (culpa) and not exists reason deletion error or No There is reason forgiving so that Notary Public in case This can be requested accountability criminal on what has been done . Repair law related with cover note can formulated Far Better with fulfil condition justice and power To use as well as connected with 3 (three) objectives law in a way theoretical