NOTARIIL Jurnal Kenotariatan

LEGAL PROTECTION FOR HEIRS WHOSE INHERITANCE RIGHTS ARE IN THE POSSESSION OF ANOTHER HEIR BASED ON PRIVATE DEED OF GRANT

Diah Marla Pitaloka, Tjempaka Rusdam — Thu, 30 May 2024 12:08:30 +0700

This writing is motivated by inheritance problems in Court Decision Number 23/Pdt.G/2021/PN.Kkn with land as an inheritance which is currently the object of dispute, where for the legal heirs it would be unfair if his late father made a private deed of grant in which the contents donated all of his lands only to his heirs from the second wife. The lands that were supposed to become inherited assets were finally controlled by an heir only based on a private deed of grant. Of course, other heirs who feel that they have absolute rights (Legitieme Portie) do not accept that. This writing uses normative research methods, using library research on primary, secondary and tertiary legal materials. The conclusion from this writing is if a grant is made without the other heirs knowing or without approval of the other heirs and without considering the portion or reduction of the absolute part that should be owned by the other heirs, then when the other heirs do not agree to the grant and then file a lawsuit to cancel the grant, then the grant can be cancelled. Legal protection that can be given to other heirs whose inheritance is in the control of only one heir is the inherited lands that are the object of the dispute must be transferred to their legal heirs after being declared as the inheritance of the deceased which has not been divided as a form of wealth left behind.

ACCOUNTABILITY OF NOTARY/LAND DEED OFFICIAL FOR TRANSACTION OF LAND SALE AND PURCHASE BASED ON FAKE EVIDENCE

I Wayan Richa Arthawan, Stanislaus Atalim, Amad Sudiro — Thu, 30 May 2024 12:19:24 +0700

Notary/PPAT accountability is a form of responsibility carried out by a Notary/PPAT legally for a certain action against his position, duties and authority in making an authentic deed. In a land sale and purchase transaction, when pouring all forms of data provided by the parties, if there is a sale and purchase of land based on fake document evidence to transfer ownership rights to other people's land which is not actually being traded. In this case the Notary/PPAT is not properly positioned as a party to this case, because the Notary/PPAT where all products issued by a Notary/PPAT are based on Law Number 30 of Year 2004. Meanwhile, the legal consequences of land sale and purchase agreements based on forged documentary evidence are that a deed only has the power of proof as a private deed. This study uses a normative legal method, using a case approach, statutory approach, and legal conceptual approach with primary, secondary and tertiary legal materials. The conclusion of this study is that a Notary/PPAT cannot be said to have committed a violation of the making of the Sale and Purchase Deed, because what is stated in a Notary deed is the will of the parties, and as a legal consequence of the land sale and purchase agreement based on forged documentary evidence, namely the deed becomes legally flawed because it is based on manipulative documents.

DISPUTES CAUSED BY INCOMPATIBILITY WITH THE LAND REGISTRATION PROCESS

Randy Tulus Jordi Marpaung, Mella Ismelina Farma Rahayu — Thu, 30 May 2024 12:27:56 +0700

Land registration is a process step in order to obtain legal land ownership status. In the process, land buying and selling needs to be done before a Land Deed Officials so that land registration can be carried out. The National Land Agency as the land registration center carries out the land registration process systematically. The form of land registration is the issuance of a land certificate, but not necessarily the issuance of a land certificate can explain that the land has a strong legal basis because in practice there are still problems with court land disputes. The purpose of this research is to find out the High Court Decision Number 323/PDT/2015/PT.BDG when viewed from the aspect of National Land Law and legal certainty for parties who hold proof of ownership of land rights (certificate) as well as the accountability of government institutions that issue land certificates that turn out to be problematic. The research method uses a normative legal approach with qualitative descriptive data analysis. The results of the study explain that although the system method used by the National Land Agency for land registration is in accordance with Government Regulation Number 24 of 1997 concerning Land Registration, however, the physical data and documents that are required for land registration are still not in accordance so that the land certificate which should be the basis for land ownership turns out to cause conflict in the field because the area of the land does not match the area of the adjoining land.

EXECUTION OF AUCTIONS FOR MORTGAGE RIGHTS BY KPKNL AFTER THE SLEMAN RELIGIOUS COURT RULING NUMBER 709/PDT.G/2022/PA.SMN

Abi Hamdalah Sorimuda Harahap, Rasji Rasji — Thu, 30 May 2024 12:19:07 +0700

One of the objectives of land reform is to hold a fair and equitable distribution of the livelihoods of the peasants in the form of land so that with this distribution a fair and equitable distribution of results can be achieved. The purpose of this land reform is realized through the determination of the minimum area and maximum area of agricultural land ownership with certain rights by one family or legal entity. Prohibition of agricultural land ownership in absentee is a prohibition on ownership of agricultural land located outside the area where the owner lives. One of the efforts to prevent absentee land ownership is the existence of an Electronic Identity Card. However, the implementation of the transfer of rights based on the sale and purchase of agricultural land, with the implementation of the E-KTP, was not carried out perfectly. This research aims to examine the implementation of the absentee sale and purchase of agricultural land rights using E-KTP in Bangli Regency. The research method used is empirical legal research and the research locations were held in Bangli Regency, PPAT and the Bangli Regency Land Office. The results of this research showed that the implementation of an E-KTP nationally, still cannot overcome the ownership of agricultural land in Bangli Regency by people who have addresses outside the Bangli Regency sub-district and still carry out the process of changing addresses so as not to cause absentees.

DIGITAL ETHICS AND CITIZENSHIP CHALLENGES IN CYBERSPACE: AN OVERVIEW FROM PERSPECTIVE MORALS AND LAWS

Thu, 30 May 2024 12:24:35 +0700

Digital ethics involve moral principles and values that govern behavior individuals and groups in digital environments. Digital ethics involves deep responsibility disseminate accurate information, maintain the quality of online communication and interaction, and awareness of the social and environmental impact of the use of digital technology. This study uses a literature study method with a descriptive qualitative approach to study ethics and challenges of citizenship in cyberspace from a moral and legal perspective. Through data analysis, found several important digital ethical concepts in dealing with challenges in cyberspace, such as responsibility in disseminating information, privacy protection and data security, digital awareness, respect for freedom of expression, verification information, and respect intellectual property rights. From a moral and legal perspective, comprehensive regulation is needed to regulate the use of digital technology, enforcement effective law against digital ethics violations, legal education and awareness, and development of online communication ethics. Challenges of citizenship faced in the world cyber through a moral and legal perspective including the spread of harmful content, respect to privacy and data, cyberbullying behavior, and use of inappropriate language. Legal regulation, protection against cyber crime, and a balance between freedoms speaking and legal boundaries are also challenges that need to be overcome.

APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN THE RECORDING OF THE DEED OF NOTARIAL SALE AND PURCHASE BINDING AGREEMENT ON LAND AT THE LAND OFFICE

Agung Iriantoro — Thu, 30 May 2024 12:32:28 +0700

An agreement is an agreement of both parties to do a deed. Agreements are very often used in everyday life, both underhand and notary agreements. In the content of the agreement the parties make in accordance with the principle of freedom of contract. Agreements under hand often have problems between parties because the agreement is not strong binding. For this reason, the role of the Notary Public is needed in making a notarial agreement deed so that the parties can achieve their respective goals and it is safe if one day there is a party who defaults, the notarial agreement deed can be used as valid evidence. The principle of prudence into the deed of Notarial Sale and Purchase Binding Agreement on registered land to be recorded at the Land Office. Using normative methods with a statutory approach and a legal concept approach. The results of this study show that the Notarial Sale and Purchase Binding Agreement Arrangement on registered land registered at the Land Office can only be carried out against the Notarial Sale and Purchase Binding Agreement that has been paid off. The formulation of the precautionary principle into the Notarial Sale and Purchase Binding Agreement deed on registered land that will be registered at the Land Office can be seen in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021, which can be done using analogous arguments by Notaries in applying the precautionary principle to the preparation of the Sale and Purchase Binding Agreement Deed.

LEGAL PROTECTION OF LABOR BASED ON POSITIVE LAW IN INDONESIA

Sarbini Sarbini — Thu, 30 May 2024 12:36:46 +0700

In an effort to increase legal protection for workes in Indonesia several sigificant laws and government regulations have been issued, such as Law no. 13 of 2003 concerning employment , the job creation law and government regulation no 51 of 2003 concerning wages. Legal protection in a country very necessary. Legal protection of labor is regulated in several laws in Indonesia , namely law no.13 of 2003 concerning employment, the job creation law, and government regulation no.51 of 2023 concerning wages. For employee eligibity, wage issues are also regulated using government regulation no 51 of 2021, wges are workers’ rights that are received as a from of compensation from employes which are paid according to an agreement or agreement between two parties, workes and entrepreneurs must also understand and carry out balanced right and obligations so that there is an efficient and dynamic work reltionship.