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Penerapan Asas Kebebasan Berkontrak Dalam Pembuatan Perjanjian Outsourcing Dan Perjanjian Kerja Waktu Tertentu Johan Rofi; Udin Narsudin; Zulkarnain Koto
Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i1.148

Abstract

Implementation of outsourcing involves 3 (three) parties namely labour providers, labour outsourcing companies, and labour itself. Therefore, the need for a regulation so that the parties involved no one is harmed, especially outsourcing workforce. The problem of this thesis is how the practice of outsourcing agreement for certain time in Bank BRI still causing uncertainty to employees and how the legal implication of its workers’ status null and void, pursuant to Article 15 KEP.100/MEN/VI/2004, then the status of employees will be the UTWA (Uncertain Time Working Agreement) or permanent worker for the company of the service user. The results of this study indicate that the Agreement that one of his party has a predominantly dominant position is expected to provide a balanced portion in seeking maximum benefit from the existence of an outsourcing agreement. Rights and obligations show the legal relationship between the company with the workforce, where both parties are jointly bound in the agreement of work in mutual agreement. Unauthorized termination of employment, therefore the contents and terms of the employment agreement between the parties must be made in balance with the agreement of the parties to determine the content, and the terms of the agreement. So that between the rights and obligations between the party become clear and balanced with a balanced portion and has become an agreement for the parties in making the agreement.
Perlindungan Hukum Atas Kreditur Yang Menggunakan Jaminan Personal Hendra Yakub; Fauzie Yusuf Hasibuan; Udin Narsudin
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.160

Abstract

Personal guarantees embodied in the agreement do not stipulate special conditions that require the guarantor to submit something tangible which will make it easier for the creditor to take action if the debtor defaults and guarantor breaks promises, this is what makes the underwriting agreement less meaningful or meaningful in its function as collateral which is manifested in a separate deed, individual guarantee seems to be only a moral obligation. The method used in this research is normative juridical research, the data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis, it was done by using qualitative juridical analysis method. The research results show that, it is still difficult to ask for the credit agreement arrangement and the provisions in the clause or individual guarantee conditions that can provide legal protection for creditors. In the implementation of billing bad credit through personal guarantees through the court by executing confiscation of guarantees against the assets of the personal guarantor, the results have not been optimal, because the personal guarantee agreement does not include information on the assets of the insurer and clauses that are compelling or binding on the assets of the insurer, so that in practice the court will have difficulty executing the property of the personal guarantor.
Pertanggungjawaban Notaris Dalam Pembuatan Berita Acara Rapat Umum Pemegang Saham Perseroan Terbatas Sumiany Sirait; Udin Narsudin
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.157

Abstract

The existence or presence of a Notary cannot be separated from the public as the answer to the need for evidence in writing, especially in the form of authentic deeds as the evidence of acts they have committed. The method used in this study is normative juridical legal study supported by juridical empirical approach. The results of the study show that the minutes of general meeting of a limited liability company made by a Notary may be cancelled by the Court if the making process is not in compliance with the applicable regulations of law, so that the notary shall be responsible whether civilly, administratively, or in terms of Law on Position of Notary and professional code of ethics and criminally (if they are proven to have given false information/involved in committing an unlawful act).
Pembagian Harta Bersama Dalam Perceraian Suku Batak Toba Yang Menganut Kepercayaan Parmalim Verlyta Swislyn; Udin Narsudin; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.174

Abstract

In the Batak Toba tribe which impressed traditional, it has stronger and more strict rules of customs in terms of the distribution of shared assets. Before the emergence of Batak Toba which embraced Christianity, the belief of Parmalim, Parmalim was a spiritual movement to maintain ancient customs and beliefs that were threatened due to the new religion brought by the Dutch. The Batak Toba have a very strong regulation in terms of divorce, almost in Batak Toba households do not know of divorce, but when there is a divorce in the Batak Toba tribe that still adheres to the belief of Parmalim, it is very interesting to study further about the marriage carried out in customs until the divorce was carried out in accordance with the rules of the Batak Toba customs which had the trust of Parmalim up to the distribution of joint assets carried out in a customary manner. The method used in this study is normative juridical supported by empirical jurisdiction. The results of the research, it can be obtained how the sharing of joint assets due to divorce in the Batak Toba tribe which adheres to the belief of Parmalim, disputes regarding joint assets, the resolution of disputes through the customary elders deliberation and the results of deliberation are the applicable laws, as well as factors faced in the distribution of together assets there are internal and external factors
Perlindungan Hukum Terhadap Pejabat Pembuat Akta Tanah Dalam Pembuatan Akta Otenti Teresia Din; Lilik Mulyadi; Udin Narsudin
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.464 KB) | DOI: 10.31479/jphl.v10i2.104

Abstract

A PPAT (Land Deed Official) as the public official is vestewith the specific authority to draw up a deed, where the said deed is based on the interest of the two parties with a number of regulatory provisions. The research method used in this research is a normative judicial one. As a normative judicial research, the approach method applied to discuss the problem of research is through approach of statute approach, conceptual approach (Analytical and Conceptual Approach), and Comparative Approach by using deductive and / or inductive reasoning to get and find objective truth. From the result of the study, it may be surmised that a specific act may be construed as a criminal offence based on the normative judgment of several decisions made by the judge(s).
THE SIGNING OF THE NOTARY DEED IS NOT THE SAME TIME: FINDING OF LAW OR VIOLATION OF LAW Udin Narsudin
Jurnal Scientia Vol. 12 No. 03 (2023): Education, Sosial science and Planning technique, 2023 (June-August)
Publisher : Sean Institute

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Abstract

The Covid-19 pandemic has created various problems in various ways, including the notary world. In its development as a result of the enactment of the Enforcement of Restrictions on Community Activities (PPKM) an opinion emerged which stated that the signing of the deed before a notary could not be at the same time. Based on the provisions of Article 16 paragraph (1) letter m UUJN and Article 44 paragraph (1) UUJN which are coercive provisions it is not possible to deviate or exclude, therefore violation of them is a form of unlawful act.
PROOF AS HEIRS AND THE ROLE OF NOTARY Udin Narsudin
Fox Justi : Jurnal Ilmu Hukum Vol. 14 No. 01 (2023): Fox justi : Jurnal Ilmu Hukum, July 2023
Publisher : SEAN Institute

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Abstract

Provisions of Article 15 paragraph (1) of Law Number 30 of 2004 Concerning the Position of a Notary (UUJN) in conjunction with Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary (UUJN-P) Notaries are subject to the right to making official deeds, including making inheritance certificates for Indonesian citizens in the form of notary deed (partij akten). Likewise with the provisions of Article 111 paragraph (1) letter c Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Regulations Government Number 24 of 1997 Concerning Land Registration is the legal basis for the power of a notary to make a deed of inheritance for Indonesian citizens regardless of class, ethnicity and religion of the heirs. Preparation of legal documents. Inheritance SPT before a notary for Indonesian citizens is made in the form of an authentic deed, so the strength of proof is perfect, therefore binding on the heirs and other related parties.
Notary's Authority To Publish Deeds Udin Narsudin
Jurnal Multidisiplin Sahombu Vol. 4 No. 01 (2024): Jurnal Multidisiplin Sahombu, 2024
Publisher : Sean Institute

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Abstract

In order to determine heirs to ensure legal certainty, the Notary is the only party who has the authority to issue birth certificates for all Indonesian citizens regardless of their ethnic origin. This is based on the UUJN (Notary Public Law) which regulates that notaries have the authority to determine evidence in the form of public documents, including heir statements . Notaries are appointed by law as the sole owner or institution that has the right to issue Notaries for all Indonesians, as intended in Article 15 paragraph. (1) UUJN, based on the Notary's authority to determine the actual deed. The authority of a Notary is personal authority and its function itself must have legal meaning, be binding, so that its function can run well and does not conflict with the authority of other functions. Issuance of inheritance deeds by a notary to all Indonesian citizens without discrimination in accordance with legal principles and upholding laws regarding safety and equality before the law. Likewise, the Notary's right to provide evidence as an heir or as a statement of heir is protected by the UUJN, a step that is in line with the concept of development law.
Authority Of A Notary To Issue A Deed Udin Narsudin
Jurnal Multidisiplin Sahombu Vol. 5 No. 01 (2025): Jurnal Multidisiplin Sahombu (2025)
Publisher : Sean Institute

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Abstract

In order to determine heirs to ensure legal certainty, a Notary is the only party authorized to issue birth certificates for all Indonesian citizens regardless of their ethnic origin. This is based on the UUJN (Notary Position Law) which stipulates that a notary has the authority to determine evidence in the form of general letters, including a statement of heirs. A Notary is appointed by law as the sole owner or institution that has the right to issue Notaries for all Indonesians, as referred to in Article 15 paragraph. (1) UUJN, based on the authority of a Notary to determine the actual deed. The authority of a Notary is a personal authority and its own function must have legal meaning, be binding, so that its function can run well and not conflict with the authority of other functions. The issuance of inheritance deeds by a notary to all Indonesian citizens without discrimination is in accordance with the principles of law and upholds the law on safety and equality before the law. Likewise, the right of a Notary to provide evidence as an heir or as a statement of heirs is protected by the UUJN, a step that is in line with the concept of development law.
Regulating Pre-Marital Debts in Indonesian Marital Property Law Nurhayati; Narsudin, Udin; N, F. Davy Gunadi
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.100

Abstract

This study explores the legal treatment of pre-marital debt in Indonesia’s marital property regime, particularly in the absence of prenuptial agreements, and assesses the regulatory implications for spousal autonomy and legal certainty. Although Indonesian law distinguishes between joint and separate property, it lacks clear provisions governing the classification and enforcement of financial obligations incurred prior to marriage. Drawing upon statutory analysis and landmark case law, the research reveals a significant normative gap in how pre-marital debts are addressed, often leaving spouses vulnerable to unpredictable liabilities and judicial discretion. Through a comparative legal approach, the study evaluates regulatory models from the Netherlands, the United States, and the United Kingdom—jurisdictions that apply rigorous safeguards such as mandatory financial disclosure, independent legal advice, and substantive fairness reviews in the enforcement of prenuptial agreements. These systems emphasize informed consent and contractual autonomy, while also protecting economically vulnerable spouses through equitable enforcement standards. The analysis highlights the need for Indonesia to reform its legal framework to ensure fairness and predictability in marital financial arrangements, particularly in light of increasing cross-border marriages and complex property dynamics. The study recommends the adoption of mandatory debt disclosure laws, procedural safeguards for marital contracts, and harmonization strategies aligned with international best practices in private family law.