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Perbedaan Tanggung Jawab Antara Cyber Notary Dan Notaris Atas Pembuatan Akta Yang Didasari Identitas Palsu, Tamara Ratnasari, I Made Pria Dharsana

Indonesian Notary

The purpose of this analytic study is to analyze the responsibility of both Cyber Notary and Notary based on Notary Profession Act Number 2 of 2014 (UUJN) the act of identity forgery in the process of making the authentic deed and what is the legal impact that will occur including the validity of the deed and classification level of the evidence. This analysis research method used in this is normative juridical approach which examines the relevant laws and regulations, legal theories, studies and jurisprudence related to the discussion in this analysis. Normative legal research is a type of research that …

Akibat Hukum Terhadap Akta Jaminan Fidusia Dengan Objek Jaminan Fidusia Bukan Milik Pemberi Fidusia (Studi Putusan Pengadilan Tinggi Nomor 09/Pdt/2022/Pt Bjm), Indah Pratiwi Widyaningrum, Fernando M. Manullang, I Made Pria Dharsana

Indonesian Notary

In fiduciary guarantee, parties included is the grantor of the fiduciary, the recipient of the fiduciary, and fiduciary guarantee object. To make an object as fiduciary guarantee, the person must have the authority to act. It’s concluded that the grantor of the fiduciary is the owner of the guarantee object, due to the authority to hand over ownership rights is only owned by the owner. However, in practice, fraud can happen where the owner of the object doesn’t know that his object used as fiduciary guarantee by someone else in a fiduciary agreement. Problem raised in this research is the …

Kepastian Hukum Perjanjian Penanggungan Pribadi (Borgtocht) Secara Di Bawah Tangan Terkait Harta Bersama Perkawinan (Studi Putusan Pengadilan Tinggi Samarinda Nomor 173/Pdt/2020/Pt Smr), Indri Septiani, Fernando M. Manullang, I Made Pria Dharsana

Indonesian Notary

Personal Guarantee (borgtocht) which privately made deed without the consent of parther or wife, it supposed to be not ask for full coverage. The need for borgtocht in a debt just for additional (accesoir) not primary, will not exist and will always exist as long as the main agreement is still in effect. The additional guarantee will not always ask for borgtocht, it is also possible tto provide other material guarantee such as fiduciary, pledge, or mortgage. However, PT DPK as a creditor, a non-company, or a financial institution, cannot ask for additional collateral in the form of material guarantees. …

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 …

Vol. 67, No. 01 (August 26, 2024)

Indiana Law Annotated

No abstract provided.

Paying For Performance? Attorneys’ Fees In Securities Fraud Class Actions, Stephen J. Choi, Jessica M. Erickson, A. C. Pritchard

Law & Economics Working Papers

This Article studies whether plaintiffs' lawyers matter in securities class actions. We use inverse propensity score weighting (IPW) to compare the results in cases led by top-tier firms against those brought by lower-tier firms. This technique addresses case selection effects by using all of the cases led by a top-tier firm and then weighting the cases led by lower-tier firms based on how similar these cases are to the cases led by top-tier firms. We do find that top-tier lawyers obtain better outcomes for shareholders in a subset of securities class actions, specifically the cases against the larger (although not …

Hudson Earns Community Leadership Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Empathetic. Driven. Supportive. Engaged.

Those are just a few of the many adjectives nominators used to describe Nashuba Hudson, the recipient of the 2024 Student Leadership in Fostering Community and Inclusiveness Award. Hudson, a 3L from Chicago, was presented the award today (Aug. 16) as part of the concluding events of this year’s 1L Orientation.

Established in 2018, the award, which comes with a $2,000 scholarship, celebrates a student who “goes above and beyond to foster our diverse, inclusive, supportive, and welcoming community.” Recipients are honored for their work in the previous year.

Hudson is the first Black woman to …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Good Lawyers, Good Sports?: The Professional Identity Of Sports Lawyers Representing Not-For-Profit Entities, Bruce Green

Texas A&M Law Review

ABA accreditation standards require law schools to develop students’ professional identity, including by encouraging “an intentional exploration of” the legal profession’s “values [and] guiding principles.” This Essay invites legal academia as well as practitioners to explore issues of legal ethics, professionalism, and, especially, professional identity in the context of a new area of legal practice: sports lawyers’ representation of “NIL collectives,” which are not-forprofit entities that college boosters establish to enable college athletes to benefit financially from their name, image and likeness (“NIL”). The work of sports lawyers advising NIL collectives offers an interesting case study for considering how professional …

Bovell, Furton, Haydel, Stroud To Receive Distinguished Service Awards In September, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four alumni of the Indiana University Maurer School of Law will be presented with Distinguished Service Awards this September in Bloomington.

Dino Bovell, Matt Furton, Augie Haydel, and Terrance Stroud will be honored September 13 during a meeting of the school’s Alumni Board and before reunions for the classes of 1964, 1974, 1999, and 2014.

The Distinguished Service Award was established in 1997 to recognize graduates of Law School who have distinguished themselves in service to their communities and the school in ways far exceeding traditional business, professional, and civic duties.

Through their hard work, passion, and accomplishments, these alumni …