The notary public officials are authorized to make an authentic deed, besides other prescribed by statute the authority. At the time of the enactment UUJN No. 30 Tahun 2004, a debate emerged related to the authority notaries in making the deed associated with land. It is in the trigger because of other dignitaries in this PPAT who also has the authority in making the deed associated with land. In the process of land registration as mentioned in PP No. 24 Tahun 1997, that which, aids the head of the land office is PPAT. This study aims to find out about to look at what the meaning of the deed which as pertaining to land that has been granted to a notary in UUJN. The main approach method used in this research is the normative juridical approach that is research that emphasizes the legal aspects, by studying the materials of primary law and secondary law which will be used as guidance in understanding and analyzing the problems discussed, while as supporting the main approach Empirical juridical approach is used. Research suggests that the significance of related to land certificate which is the authority of the notary is wide it could make a notarial deed with regard to land as long as it does not constitute the PPAT.
Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.
Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.
The authority of a notary to record deeds under hand (waarmerking) is regulated in Article 15 paragraph (2) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. In the decision number: 12 / Pid.B / 2020 / PN.PTK. The notary was summoned as a witness because of the fake letters used by the defendant in waarmerking by the Notary. The problem raised in this thesis is how the responsibility of the Notary as a witness to the underhand deed that was recorded (waarmerking) by the Notary in the decision Number: 12 / Pid.B / 2020 / PN.PTK. This study uses a normative juridical approach. Sources of legal materials used are primary legal materials, secondary legal materials, tertiary legal materials. Legal materials are collected through library research. Analysis of legal materials is carried out in a qualitative normative manner. The results of the research show that The testimony given by a notary in a criminal case Number: 12 / pid.B / 2020 / PN.PTK is not a form of accountability by a notary, but only the fulfillment of his obligations as a citizen. Notary Call to become a witness in a criminal case by the Police at the investigation stage and the prosecutor or judge at the trial stage must first submit an application and obtain approval from the Notary Honorary Council as regulated in Article 66 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 About the Position of Notary Public.
Honorary Committee of Notary is an institution chosen by the Minister of Justice and Human Rights as the supervisor of Notary position working based on Law Number 2 of 2016 regarding Amendment on Law Number 30 of 2004 regarding Notary Position. In Article 66 of Law of Notary Position, Honorary Committee of Notary basically has authority to give approval on the request of original deed copy. The implementation of this authority is set in the Regulation of Justice and Human Rights Minister Number 7 of 2016 regarding Honorary Committee of Notary. The validity of this Honorary Committee of Notary automatically gets rejection from some parties if related to judicature. Therefore, the researcher makes research question on how the role of Honorary Committee of Notary in obtaining original deed copy and how the effect of Honorary Committee of Notary consideration towards obtaining copy of original deed. The research method used is judicial normative in which it is an approach done based on primary law material by reviewing theories, concepts, law principles, and regulations regarding to this research. When the copy obtaining is requested to the Honorary Committee of Notary, the members of committee will conduct a meeting. In the meeting, the Public Notary must show his original deed and the members of Honorary Committee of Notary will assess whether it has been in line with the notary protocol or not. If it has been in line with it, the Honorary Committee of Notary deserves to refuse the proposal. This refusal will not be an issue in the assembly because the judicature can run by being supported by other proofs.
The analysis of Article 51 PP 24/1997 explains the registration of the transfer of rights as yet there is no inheritance distribution, so that the inheritance is still in joint ownership, when the right holders agree to share their rights into the rights of each right holder then inheritance based on a joint rights deed made by PPAT. Article 111 paragraph (4) and paragraph 5 PMNA / KBN 3/1997 explain that at the time of registration of the transfer of rights if the heirs agree to give rights to inherited land to one person, it can be proven by deed of deed in the form of deed Notary or in the form deed under the hand. Implementation in Bukittinggi, registration of the transfer of rights cannot use the deed of distribution of inheritance which is carried out in conjunction with the process of inheritance but must be based on the deed of distribution of joint rights made by PPAT. The research issue raised in this article is to find out how the drafting of sharing of joint rights in the transfer of land due to inheritance? how is the distribution of inheritance to land as a joint asset in the family? The approach used by researchers is an Empirical Juridical approach. The results showed that the sharing of shared rights was made with a joint deed of rights distribution by PPAT with due observance to the provisions of Article 51 of Government Regulation Number 24 of 1997. Distribution of inheritance to land as shared assets in the family in the city of Bukittinggi was based on an agreement between the heirs to give up their rights-however, as to who the heirs are entitled to, the land is based on the Civil Code applicable to the testator.
The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.
Inheritance law in force in Indonesia is pluralistic. Inheritance law for ethnic Chinese in Indonesia is the inheritance law Civil West . The use of inheritance law which is based on the classification of this population is not in accordance with the law of political reform era . The method used is the socio legal research with the research results , that ethnic Chinese in West Sumatera Barat wearing inheritance law Civil whereas customary inheritance can only be made during the lifetime of the testator in the form of grants and testament . Against this was not found inheritance dispute in court . Inheritance dispute settlement is done amicably and internal , and not through legal channels .Keywords: Inheritance, Tionghoa, Pluralistic, Inheritance lawHukum waris yang berlaku di Indonesia saat ini bersifat pluralistis. Hukum waris bagi Etnis Tionghoa di Indonesia adalah hukum waris Perdata Barat. Pemakaian hukum waris yang berdasarkan penggolongan penduduk ini sudah tidak sesuai dengan politik hukum era reformasi. Metode yangdigunakan adalah socio legal research dengan hasil penelitian, bahwa etnis Tionghoa di Sumatera Barat memakai hukum waris Perdata Barat sedangkan pewarisan secara adat hanya dapat dilakukan semasa hidup pewaris dengan dalam bentuk hibah dan wasiat. Terhadap hal ini tidak ditemukan sengketa waris di pengadilan. Penyelesaian sengketa waris dilakukan secara kekeluargaan dan intern, dan tidak melalui jalur hukum.Kata Kunci: Pewarisan, Tionghoa, Pluralitas, Hukum Waris
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