The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Hamzah, Yuli Adha; Mangarengi, Arianty Anggraeny

doi:10.37276/sjh.v4i2.253

Cited by 4 publications

(4 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The Notary profession plays a significant role in law and public (Hamzah & Mangarengi, 2023). They are responsible for providing legal assurance to every document or transaction involving certain parties, ensuring all parties understand their rights and obligations.…”

Section: Resultsmentioning

confidence: 99%

Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Prakoso,

Sukirno

2023

sjh

View full text Add to dashboard Cite

This study aims to examine the legal position of the Code of Ethics for the Notary Public in legislation, and also seeks to analyze the consequences of sanctions for violating the code of ethics in the Notary profession. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the INI acts as the sole organization for Notaries in Indonesia, asserting its authority in establishing and enforcing the code of ethics. The code of ethics is established and enforced in various sanctions imposed, including admonishments, warnings, temporary suspensions, honorable dismissals, and dishonorable dismissals. However, such membership dismissals do not affect the status of a Notary as a Public Official. Nevertheless, severe violations of the code of ethics can prompt the Honorary Council to recommend the dismissal of a Notary to the Minister of Law and Human Rights. Therefore, several recommendations can be proposed to the relevant parties. First, the INI should continue to enhance its members’ understanding of the code of ethics through various educational activities and training. Second, the Honorary Council is expected to be more proactive in supervising and auditing Notary practices to detect and quickly address violations of the code of ethics. Lastly, the Minister of Law and Human Rights should carefully consider the dismissal recommendations from the Honorary Council and ensure that each decision is based on robust and fair evidence. Concurrently, closer cooperation between the Minister of Law and Human Rights and the INI is necessary to enforce the code of ethics and relevant legislation. Thus, the involvement and roles of all stakeholders are crucial in maintaining public trust in the Notary profession in Indonesia.

show abstract

Section: Resultsmentioning

confidence: 99%

Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Prakoso,

Sukirno

2023

sjh

View full text Add to dashboard Cite

show abstract

“…However, amidst this flexibility, it must be acknowledged that every clause of an agreement can result in specific legal consequences, such as the emergence of new rights, alteration of existing rights, or even the revocation of rights (Hamzah & Mangarengi, 2023). Therefore, even though parties have freedom in contracting, they must understand and consider the legal repercussions of every clause in the agreement they draft, to prevent losses or disputes in the future (Putri & Silviana, 2022).…”

Section: Resultsmentioning

confidence: 99%

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Ibrahim,

Sitorus,

Rifai

2023

sjh

View full text Add to dashboard Cite

This research aims to discern and analyze the legal repercussions of selling and purchasing ships over GT-7 size without authentic deeds. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the preference of the North Morowali community leans more towards the use of receipts as evidence of the sale and purchase of ships over GT-7 size, compared to the formal mechanism of a deed of sale and purchase executed before a Notary. As a result, five ships over GT-7 size operate without Port Clearance, which inevitably places the ship’s captain in a vulnerable position regarding criminal punishment: a maximum imprisonment of five years and a fine of up to IDR 600,000,000. Furthermore, the sale and purchase of ships over GT-7 size without authentic deeds have also resulted in ownership disputes among the local community, as the gross deed of ship registration still lists the previous owner’s identity. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Harbor Master of Kolonodale Port should conduct intensive socialization regarding the importance of the deed of sale for ships over GT-7 size executed before a Notary. This socialization aims to ensure the clear legal status of ships, raise public awareness about safety and seaworthiness, and prevent potential criminal punishment risks for the captain. Second, as Government Officials, the Ship Registration Officer and Ship Name Transfer Recorder should collaborate with legal institutions to review ships operating in Indonesian waters without Port Clearance. Lastly, Law Enforcement should adopt a mediation approach in resolving ship ownership disputes, prioritizing aspects of justice and truth, thereby preventing further losses for the Northern Morowali community.

show abstract

“…This ambiguity necessitates further review to clarify the implementation and limits of authority between Notary Publics and Land Deed Officials in making deeds related to the land sector. The primary goal is to ensure that each legal entity operates within clear authority boundaries, thereby preventing conflicts and enhancing effectiveness in administering justice and legal certainty in the land sector (Hamzah & Mangarengi, 2023).…”

Section: Pendahuluanmentioning

confidence: 99%

Juridical Analysis of the Implementation of Notary Public’s Authority in Making Deeds Related to the Land Sector

Ardhita,

Yunanto

2023

sjh

View full text Add to dashboard Cite

This study aims to examine and analyze the legal basis for determining the Notary Public’s authority to make deeds related to the land sector. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Notary Publics possess attributed authority in making deeds related to the land sector. Nevertheless, the scope of this authority is limited. This authority applies only as long as the deeds made do not fall within the scope of authority for making deeds by the Land Deed Official. Furthermore, Notary Publics, who also serve as Land Deed Officials within the same territorial jurisdiction, can make deeds related to the land sector. Therefore, it is recommended that the Legislature provide more detailed and specific clarification in Article 15 section (2) point f of Law Number 2 of 2014 regarding the specific scope of the Notary Public’s authority in making deeds related to the land sector. This clarification is essential to ensure that the attributed and limited authority of the Notary Public does not overlap with the authority of the Land Deed Official. Furthermore, it is recommended for both Notary Publics and Land Deed Officials to actively enhance their understanding and separation of authorities in accordance with their territorial jurisdiction and applicable legislation. This will help avoid confusion and conflicts in making deeds and ensure that both officials can perform their duties efficiently and effectively, in line with the realms and responsibilities established.

show abstract

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Cited by 4 publications

References 19 publications

Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Juridical Analysis of the Implementation of Notary Public’s Authority in Making Deeds Related to the Land Sector

Contact Info

Product

Resources

About