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Implementation of Legal Protection of Confidential obligation Notary In Running Position Djuniatno Hasan; Agus Ekhsan; Gunarto Gunarto
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7872

Abstract

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.
Advocates Role in Assistance of the Affected Using Sharp Weapons and Abusing Agus Ekhsan; Umar Ma'ruf
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.609 KB) | DOI: 10.30659/ldj.2.3.314-322

Abstract

Advocate profession is a form of respectable profession (Officium Nobile). The basis for the existence of an Advocate Institute (Legal Advisor) in Indonesia is Act No. 18 of 2003 concerning Advocates. Advocate Assistance is a process of providing ease of solving problems in facing legal processes from clients. The purpose of this research is to know and analyze prosecution procedures, to know and analyze the role of Advocates in the implementation of assistance to the accused and to find out and analyze the factors inhibiting the role of Advocates in the implementation of assistance to the accused of using a sharp weapon and persecution and how to overcome them in the Criminal Case Decision Number: 18/Pid.B/2020/PN Pti. This research uses type research empirical juridical approach, descriptive research specifications. The data used in this study are primary data obtained from field studies which are analyzed qualitatively using law enforcement and justice theories. Then for secondary data obtained from material documents or library materials. Research result conclude that The role of advocates in assisting the accused of using a sharp weapon and maltreatment on behalf of Danang Purwanto bin Parmuji against the verdict of case Number: 18/Pid.B/2020/PN Pti has been maximized with the existence of the right of the defendant's legal counsel to file a defense (Pledoi) of the public prosecutor's criminal charges, presenting a witness who defended the defendant, so that the verdict The Panel of Judges sentenced the defendant to a prison sentence of 4 (four) months and 15 (fifteen) days. It is hoped that in the future there must be moral values and justice for the creation of a common understanding of the law and according to the laws and regulations to achieve a fair legal process in society.