Fakultas Hukum Universitas Sriwijaya: Open Journal Systems
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KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA WASIAT UNTUK ANAK PIARA DALAM HUKUM ISLAM DAN PENGANGKATAN ANAK DALAM KITAB UNDANG-UNDANG HUKUM PERDATA
No full textAbstract : Notaries as the public officials have the authority by law to make an authentic deed which is one of them is testamentary deed. The implementation conception will be a legacy to adopted children in accordance with Islamic law and the Civil Codex Book which have differences. Problems, How the authority of a Notary as a public official in the testamentary deed to the foster children in Islamic Law and the adoption of Children in Civil Codex Book and Islamic Law, and How to put the position of adopted children as the receivers of testamentary which is reviewed from the terms of the Civil Codex Book, Islamic Law in protecting parts of the absolute rights of the other heirs. This legal research is a normative law research which analyzes a legal enforceability. It is implemented by examining the legal materials, such as the studies of the law principles, positive law, rules of law, and rules of legal norms. This study used two approaches in the study of law, namely: Statue Approach, Historical Approach, Conceptual Approach, and Comparative Law Approach. The results showed that the implementation conception of testamentary which is the legacy under Islamic law can be made in writing and verbally. Meanwhile according to the Civil Codex Book the form is only in writing. The equality between Civil Law and Islamic Law recognizes the children adoption however with a different purpose. Adoption which is done by someone else should be done officially in order to expect the Notary to disseminate to the public in making a testamentary through Notary’s deed and Ministry of Justice and Human Rights can improve their services in order to facilitate the Notaries in requesting the data of the testamentary list to help the Notaries in creating testamentary deed. Keywords: Notaries, Authentic Deed, Testamentary Deed, Adopted Childre
Perbuatan Hukum Direksi Mewakili Perseroan Terbatas Dalam Pengikatan Kredit di Bank Dengan Penjaminan Aset Perusahaan
No full textAbstrak : The Limited Company is called by “Ltd†or in bahasa “PT†as following of right and obligation. The law correlation between PT and Bank result the law correlation is “associationâ€, Moreover the association rule by the book III the Indonesian Civil Code. In the matter to get the credit in Bank, Ltd or “PT†as Debitor in law management is associate credit in Bank, where as a Creditor need approving of commissioner council and The General Meeting of Shareholders to guarantee most of the company asset, as rules in passage 20 the Statute Number 40 in 2007 about Limited Company. The problem in this thesis is How the Commissioner authority stand for Limited Company to associate credit without approving Commissioner council and how is giving approving to director to guarantee Ltd asset which the result more than 50 %. The research used in this thesis is normative research, with analyze a management of law with observing the law subject, such as the research of laws basic, positive law and the law regulation. The result of this thesis is Director has authority stand for Limited Company in associate credit in Bank should the approved by Commissioner council, because the director authority limited by Statute Number 40 in 2007 about Limited Company and Basic of Budget Limited Company. Giving of approving to Director in credit association in the Bank created by 2 (two) ways are decision on The General Meeting of Shareholders and trough by Circulair (Outside Meeting decision), That’s ruled by Passage 9 the Statute number 40 in 2007 about Limited Company. Keywords: Limited Company, Law Management, Law Correlation, Director, Commissioner Council and The General Meeting of Shareholder
Prevention of Child Marriage Age in the Perspective of Human Rights
Get PDFOne of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights
Presidential Permit to Summon Suspect of Corruption of the Member of the House of Representatives
Get PDFSummoning the suspect is one step in the process of investigation in the criminal justice system which had been regulated in the Criminal Code Procedure and in other special laws. However, presenting the suspect of the member of the Parliament before the Court is the problematic one. This is because in reality, it does not need a President permit but legally it does. The problem is whether pre-senting the suspect before the court without a Presidential Permit is not against the law. The findings showed that the regulation dealing with the summoning of the parliament member suspected of cor-ruption is not necessarily required. It is because the crime suspected to the members of House of Rep-resentative is included in the special crime which is stipulated the 2002 Law Number 30 deals with Corruption Eradication Commission Article 46 paragraph (1) with the elucidation in junction to Arti-cle 245 paragraph (3) sub paragraph c
General Overview on Selecting and Drafting Construction Contract Disputes Resolution
Get PDFA good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence of the choice dispute settlement mechanisms and also the unperformed of the contract purposes will not prevent the dispute from being occurred. The most common process to resolve disputes is through litigation, but the process takes time, energy and funding. The method of alternative dispute resolution (ADR) such as mediation, conciliation, mini-trial, arbitration or other ADR techniques eradicate all the obstacles above. The question arises then, how the parties select the best alternative disputes settlement mechanism and how it should be drafted in their contract. Normative legal research is the method employed to respond the problems. Therefore, this article will elaborate the methods that will effectively settle the constructions disputes and mechanism in drafting construction contract disputes resolutions provision
PERANAN NOTARIS SELAKU PEJABAT PEMBUAT AKTA TANAH DALAM PROSES VERIFIKASI BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN DI KABUPATEN BANYUASIN
No full textThe results of this study indicate that the Sale and Purchase Agreements made before a Notary as Officer of Land deed is authentic deeds, but to be considered authentic deed, deed of sale before it is signed must be preceded by verification BPHTB for verification BPHTB is a requirement that has been determined by the Act that the Sale and Purchase Agreements will be signed after BPHTB paid and verified. The role of the Notary as Officer of Land deed in the manufacture of a deed of sale must ask the parties truth of BPHTB tax payments BPHTB, if the parties can not submit proof of payment BPHTB the Notary as Officer of the Land Deed authorizes to order and help the parties to pay for and verify BPTHB in DPPKAD to be able to implement sales and purchase agreement something. Supposedly verification conducted by Revenue Service of the regional asset and finace management (DPPKAD) is about truth and completeness of SSPD BPHTB and supporting documents but not the price of the transaction. Then the result of the verification hindrance in BPHTB SSPD becomes obstacles in the issuence of the deed Purchase sale
TANGGUNG JAWAB NOTARIS TERHADAP PENJAMIN FIDUSIA SEJAK DIBERLAKUKAN PENDAFTARAN FIDUSIA SECARA ELEKTRONIK
No full textThe Government has issued a circular from the Directorate General of AHU Kemenkumham year 06.OT.03.01 No. 20013 on the Electronic Registration Fiduciary guarantee, in the hope that the legal services in the field of fiduciary can run fast, accurate, free of extortion and able to encourage economic growth in Indonesia. Fiduciary registration with the electronic system makes it easier Fiduciary registration process, simply by filling the columns that have provided payment Fiduciary registration can be done at banks that have been determined, then the certificate can be directly printed fiduciary. The problem is how we lift the notary to the fiduciary responsibility in the event of errors in data entry while fiduciary certificates already issued electronically, and how the legal consequences of the creditors who registered late fiduciary electronically. This research is a normative law research, a document library research or studies conducted or directed only at the written regulations or other legal entity, whereas the data obtained through library research and field research. Furthermore, the data was analyzed qualitatively. The results showed that in the system of electronic registration of fiduciary Notary responsible for repairs fiduciary certificates, pay all costs incurred due to improved electronic data and registration certificate fiduciary guarantee on banks which have been designated / specified and print new sertikat. If the fiduciary is not registered it is not born fiduciary, the agreement is only an agreement accounts payable outstanding, so the status of the position of the creditor (recipient of fiduciary) only as a creditor konkruen. Thus, fiduciary recipient does not have the status of a creditor precedence (preference) that the creditor has the right decision prior repayment rights of the other creditors. Also according to the provisions of Article 5 of Regulation meteri Finance (PMK RI) No. 130 / PMK / 010/2012 that the finance company does not mendaftrakan fiduciary will be witness to an administrative form of warnings, suspension of business activity and revocation of business licenses. Keywords: Fiduciary Electronics, Responsibility, Notary
PENGATURAN PAJAK PERTAMBAHAN NILAI ATAS JASA NOTARIS / PEJABAT PEMBUAT AKTA TANAH (PPAT)
No full textThe thesis title is "The Value Added Tax Regulation On Notary/Official Certifier of Title Deeds (PPAT) Services". The research formulates the problems of why Notary/Official Certifier of Title Deeds Notary (PPAT) have to collect Value Added Tax (PPN) on services, the criterias of Notary / Official Certifier of Title Deeds (PPAT) services which can be charged with Value Added Tax, and The Obstacles of its application and alternatives can be taken to these obstacles. Based on Law Number 42 Year 2009, the Notary / Official Certifier of Title Deeds (PPAT) is one of the Taxable Person for any services rendered to the public. To examine and answer the problems mentioned above, this thesis uses normative legal study that analyzing law enforcement. Performed by examining the legal materials, such as the study of the principles of law, positive law, the rule of law, and rules of legal norms. The approach method used in this research was Legislation Approach, and Historical Approach. The result shows that the Notary who have to collect value added tax is the Notary who included in the Entrepreneur category. Main obstacles encountered in the application of Value Added Tax is society refuse to pay value added tax, because they considered they are subject to double taxation, therefore to overcome these, Notary / Official Certifier of Title Deeds (PPAT) charged with those. It can be done because in the Value Added Tax that is known as tax shifting. It is suggested that the Government should make special regulations in imposing value added tax on legal services provided by a Notary, so the Notary is not classified as an entrepreneur and then kept the image of Notary as an Public Officials. Key words: Value Added Tax of Notary’s services, Taxable entrepreneur, Taxable services and public officials
Has Indonesia’s Unique Progressivism in Mandating Corporate Social Responsibility Achieved Its Ends?
Get PDFIt has been a decade since Indonesia implemented its first mandatory CSR requirement. The time is ripe for the discussion: can Indonesia confidently say that it has saved Indonesia by making companies publicly answer for many social issues? Can it successfully bring social and economic justice by continuously enforcing this radical progressivism or utilitarianism? To begin to address these questions, this paper first examines Indonesia's unique features that strengthen CSR as a legal obligation and analyzes the current regulatory frame of CSR. Then, it discusses whether these laws and regulations have actually worked as a practical tool to encourage and enforce companies to perform CSR activities. This research concludes that company law can save Indonesia despite its failure so far due to a number of problems in and out of positive law. It suggests how it can specifically structure the CSR regulations and seeks attention to the more structural reform from the longer-term goal of developing a national mechanism
The History of Forensic Linguistics as an Assisting Tool in the Analysis of Legal Terms
Get PDFOne dimension of human life which become the issue and had been debated is about the used of legal terms which is against the language rules. The use of language and law are often oriented to non-substance issues, namely the used of formal legal terms which is inconsistent with the standard of the Indonesian language. As a result, such a linguistic study does not provide a functional and proportional impact in resolving the problems of the law itself. The study only becomes as an analysis report on the forms of error in the use of language in the realm of law which is expected to be a feedback for improving the quality of the language of law enforcement officers. Accordingly, the empowerment of forensic linguistics as a tool to solve the legal problems becomes important and made a choice in the field of science, especially in the universities. The various cases developing both in domestic and foreign countries have absolutely proven beneficial for forensic linguistic analysis. A lawsuit that comes from speech and transcribed in written language can be a preliminary proof the reporters used. This is also become complaint to the Police. The article examines whether forensic linguistics can be inferred unlawful speech