Legal Profession Commons^™

Makna Hukum Atas “Kelalaian” Notaris/Ppat Dalam Pembuatan Akta Ppjb Dan Ajb (Studi Putusan Pengadilan Negeri Bantul Nomor 5/Pdt.G/2023/Pn Btl), Graceilla Ribka Berliana Tuelah, Yuli Indrawati, Sri Widyawati

Indonesian Notary

Notaries and Land Deed Officials are obligated to follow established principles in their official duties, guided by written regulations such as the Notary Job Law, Notary Code of Ethics, Government Regulation Number 24 of 2016, and Ministerial Regulation Number 2 of 2018. Notaries are often accused of negligence, interpreted as unintentional, but not all cases involve unintentional actions; intentional elements can lead to wrongful acts. The lack of differentiation in legal sanctions between unintentionality and intentionality is due to the Civil Code. To address this issue, a doctrinal research method was employed, focusing on positive legal norms from secondary sources. …

Urgensi Keberadaan Pejabat Pembuat Akta Tanah Sementara Di Kabupaten Tangerang Ditinjau Dari Kompetensi Yang Dimiliki, Gabriel Amagadela, R. Ismala Dewi, Fx. Arsin Lukman

Indonesian Notary

Temporary PPAT is an automatically appointed position of a Sub-District Head to carry out the duties of a PPAT in making deeds in the area of his Government position if there are not enough PPATs in the area. The difference in competence with a Notarial PPAT makes the quality of Temporary PPAT questionable. The fulfillment of the formation of a PPAT in an area is also not a consideration in the appointment of a Temporary PPAT, as is the case in Tangerang Regency. This is the subject matter of this research, namely the comparison of the competencies possessed by Temporary …

Kedudukan Kuasa Direksi Dan Dewan Komisaris Dalam Menghadiri Rups Luar Biasa Dengan Agenda Pemberhentian Direksi Dan Dewan Komisaris (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 1787 K/Pdt/2021), Ghia Riezna, Sri Laksmi Anindita, Tjhong Sendrawan

Indonesian Notary

The Board of Directors and Commissioners in applying the principle of fiduciary duty should have good faith, be careful and full of responsibility in carrying out their obligations. In the dismissal of the Board of Directors and the Board of Commissioners as organs of PT that have a sense of responsibility, the nature of self-defense for their dismissal should be carried out personally without being authorized. This research aims to analyze the position of the power of attorney of the Board of Directors and Commissioners in attending the GMS with the agenda of dismissal of the Board of Directors and …

Keabsahan Perjanjian Novasi Subjektif Pasif Dalam Peralihan Kredit Pemilikan Rumah Di Bawah Tangan (Studi Putusan Nomor 17/Pdt.G/2020/Pn. Bks), Friska Elisabeth, Muhammad Sofyan Pulungan, Enny Koeswarni

Indonesian Notary

The transfer of rights to land and house buildings must be proven clearly and in writing, which in principle must be carried out clearly and in cash. Likewise, with the transfer of home ownership credit from the old debtor to the new debtor, this transfer needs to be carried out with the approval of the credit and involve an authorized official to make a proof of the transaction or transfer of ownership of land and buildings, regarding Verdict Number 17/Pdt.G/2020/PN.Bks. In this case Notary and/or PPAT (Land Deed Official) as an authorized official to make deeds related to land. This …

Kedudukan Hukum Keberadaan Sertipikat Dalam Penyimpanan Notaris Terkait Pembuatan Akta Pengikatan Jual Beli (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 630/K/Pdt/2023), Ferisa Nurfauziyah, Lidwina Inge Nurtjahyo, Chairunnisa Said Selenggang

Indonesian Notary

In the sale and purchase process related to land that has not fulfilled the sale and purchase requirements, a deed of sale and purchase binding will be carried out first. The agreement is carried out so that when the sale and purchase requirements have been met, a sale and purchase agreement can be carried out before an authorized official. In the case of important documents related to the sale and purchase process, they must be kept by a notary until the party entitled to the document knows, one of these important documents is the land title certificate. In the case …

Akibat Hukum Akta Pernyataan Keputusan Rapat Dari Rapat Umum Pemegang Saham Luar Biasa Yang Diselenggarakan Oleh Dewan Komisaris Yang Telah Berakhir Masa Jabatannya (Studi Putusan Nomor 2630 K/Pdt/2022), Fauzan Rahmat Ananda, Arman Nefi

Indonesian Notary

This article analyzes the validity of the Extraordinary General Meeting of Shareholders (EGMS) held by the Company's Board of Commissioners (BoC) whose term of office has expired, as well as legal consequences of Deed Statement of Meeting Decisions (PKR) made based on the EGMS. The problem is, the Notary that make PKR Deed based on EGMS did not check the Company's Articles of Association (CAA) first before make it, considering that the term of office BoC PT KSE which held the EGMS had ended. This article was using doctrinal research methods. The results show the EGMS held by BoC PT …

Keberlakuan Eigendom Verponding Pada Tanah Negara Yang Penguasaan Fisiknya Dikuasai Oleh Penggarap (Studi Putusan Peninjauan Kembali Nomor 109 Pk/Pdt/2022), Farah Diba Maharani, Teddy Anggoro

Indonesian Notary

The implementation of Eigendom Verponding in Indonesia is still the cause of many land disputes related to conversion activities based on rights based on eigendom. In this doctrinal research, secondary data is used which comes from laws and regulations relating to land. This research analyzes the legal status of land ownership on the basis of Eigendom Verponding which has not been converted and has become land under state control and is physically controlled by the cultivator and examines the judge's decision in decision number 109 PK/Pdt/2022 regarding the evidence in the civil case. Based on the research results, it was …

Pemberian Hak Pakai Pada Tanah Girik Berdasarkan Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (Studi Putusan Pn Jakarta Barat No 386/Pdt.G/2019/Pn.Jkt.Brt), Fauzan Aziman Alhamidy, Yuli Indrawati

Indonesian Notary

A land title certificate is a strong proof of land ownership. After the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, proof of land ownership in Indonesia must be registered in order to obtain a certificate. Girik is only proof of payment of tax on land, not proof of ownership of land rights. To become proof of ownership of the Girik land, it must first be upgraded to a land title certificate. Girik that is not upgraded has the potential for ownership disputes, as happened in the case in the West Jakarta District Court Decision Number …

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa, Hendriani Parwitasari, Aristo Pangaribuan

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

Kewajiban Notaris Atas Rahasia Jabatan Berkaitan Dengan Laporan Perpajakan (Analisis Kasus Notaris X Di Buleleng, Bali), Eveline Wijaya, Siti Hajati Hoesin, Pieter Everhardus Latumeten

Indonesian Notary

Notaries are obliged to maintain the deeds they make because of the existence of official secrets. Notaries are also one of the taxpayers who must fulfill all their obligations in terms of taxation, namely in paying and reporting their taxes in the form of an Annual Tax Return. This study analyzes the obligations of notaries in relation to the secret of office in connection with tax reporting to the tax service office in 2013-2016. This research uses doctrinal research methods in terms of descriptive analysis. The results of the study that the Notary is obliged to maintain the secrets of …

Kesesuaian Ketentuan Pemilik Manfaat Dengan Undang- Undang Yayasan, Elizabeth Michelle Fong, Ashoya Ratam, Rouli Anita Velentina

Indonesian Notary

There is a discrepancy in Foundation Law Number 28 of 2004 and Presidential Regulation No.13/2018 concerning the Application of the Principle of Benefits from Corporations in the Context of Preventing and Eradicating Crimes of Money Laundering and Terrorism Financing Crimes. Looking at the provisions in the Foundation Law which states that Foundation Organs may not receive profits, temporarily Beneficial Owner itself aims to identify the Beneficial Owner of the Foundation, this is of course contradictory because Foundation Organs are not allowed to receive any benefits. The research method used is doctrinal research with a prescriptive research typology, which is research …

Law School News: Rwu Alumni Honored In Pbn's 2024 40 Under Forty Awards 7-16-2024, Triniti Brown, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee

Seattle University Law Review

In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.

Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan

Seattle University Law Review

Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

What Is In Your Tampon? Increasing Transparency In Menstrual Products, Elianna Spitzer

Seattle University Law Review

The average person who menstruates will bleed for an average of five days, every twenty-four to thirty-eight days, over several decades and could use thousands of disposable menstrual products in their lifetime. Menstrual products line retail shelves. They can be found in homes, bags, and bodies—but until 2021, manufacturers were not required to disclose the ingredients used to make these products to consumers at all. In fact, they still are not federally required to disclose menstrual product ingredients on product packaging. Instead, in recent years, changes to menstrual product labels have largely been the result of state legislation. In 2019, …