Purnami Apriana, Anang Husni, Aris Munandar

Abstract:

The purpose of this study is to analyze the basis of the notary’s authority to make the deed of the pledge of waqf according to Government Regulation No. 42 of 2006 on the implementation of Law no. No. 41/2004 on Waqf, and to analyse the process and requirement of registration of the Deed of Pledge of Waqf by Notary under Government Regulation No. 42 year 2006. This research is normative law research that is law research which put law as system norms, rules of legislation, court decisions, treaties and doctrines. In this study the approach used is: Histories Approach, Conceptual Approach, and Statute Approach.

The basis of the Notary’s authority in making the Pledge of Endowment Pledge (AIW) is regulated in Article 37 of Government Regulation no. 42 of 2006. This authority does not conflict with the authority of a Notary as regulated in Article 15 of Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Public Offices but not all Notaries may be appointed as Officials of Deed of Pledge (PPAIW ). The main requirement of a Notary to become PPAIW must be Islam, trust and have certificate of competence in the field of Waqf published by the Ministry of Religious Affairs.

While the registration process of Waqf land registered with PPAIW from notary procedure is the same as PPAIW conducted by KUA (Office of Religious Affairs Sub-District).

Keywords: authority of notary, deed of pledge of Waqf

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Yanto, Lalu Husni, Sahnan

Abstract:

Within villagers there is often a land-related conflict as happened between the West Nusa Tenggara Regional Police and the Bambu Runcing community where the two sides claim each other over the disputed land. The parties to each other claim the land that became the object of the dispute in which the POLDA party felt to have the object with Land Certificate, dated December 31, 1984, Number 3753 / WPJ.08 / KI 32132/1984. And on the part of citizens of Bambu Runcing felt to own the disputed land on the basis of ownership of certificates issued by the BPN based on the basis of Sporadic Rights and the sale and purchase statement under the hands purchased from Henri Rypto and because there is no common ground between NTB Police with citizens Bambu Runcing eventually the dispute ended in the District Court. The type of research used in this study is the type of research Normative. The approach method used in this research is Statutory Approach, Conceptual Approach and Case Approach. Types of legal materials used are primary, secondary and tertiary legal materials. Techniques of collecting legal materials by means of document studies. Analysis of legal materials using the method of teleological interpretation.

Keywords: settlement, disputes, land rights

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Rahmat Banyu Ikang Ansori, Idrus H. Abdullah, Sahnan

Abstract:

The purpose of this study is To know and analyse the factors that cause sellers and buyers do not mention the actual value in the sale and purchase of land transactions. And to know and analyse the legal consequences of the deed of sale and purchase of land that is not in accordance with the actual price.

The type of research used in this research is normative legal research supported by field research. Techniques and Tools Data collection is done with three types of data collection tools, namely library materials, observation, and interview. In order that the data collected is analysed by qualitative descriptive method by explaining, describing, and analysing existing data about its implementation.

Based on the research, it is found that the factors that cause the parties not to unite the actual price in the deed of buying and selling of land between consists of the first internal factors (legal awareness) of the parties, lazy to pay taxes, the seller does not want to pay (PPh); this is because the buyer does not explain the obligations that must be fulfilled before the transaction takes place; buyers do not want to pay high taxes, that is the factor of proximity (partnership) of the parties with PPAT. While the external factor is caused by the slit provided for the taxpayer or, PPAT in determining the tax value paid as the provisions contained in Article 87 paragraph (3) of Law Number 28 of 2009 and the provisions of Article 6 paragraph (3) of Law Number 20 year 2000. As for the legal consequences caused if there is no actual price listed in the deed of sale and purchase of land, can lead to the verification value of the deed is degraded from the authentic deed into the deed under the hand.

Keywords: deed of sale and purchase, actual price, legal effect

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Resty Ramadhaniaty, Salim HS, Lalu Parman

Abstract:

The purpose of this study is to analyse the legal protection of Notaries in maintaining the confidentiality of the contents of Notary deed at the time of examination by MKN in case of legal problems and to analyse how the legal effect of Notary to the opening of confidentiality of Notarial deed contents at the time of examination by MKN in case of legal problems.

This study uses normative legal research methods to research and write the discussion of this research as a method of legal research. The use of normative research methods in research and writing efforts is based on the compatibility of the theory with research methods required by the author. This study also uses empirical data as a support that is by conducting interviews to the Honorary Council of Notaries. The approach used in this research is: Statutory Approach and Conceptual Approach.

The result of the research that In principle Notary is not allowed to open secret contents of deed made to anyone other than the parties, it means the notary is not allowed to give information about what is contained in the deed he made and all the information obtained in the implementation of position. The form of legal protection of a Notary Public in maintaining the confidentiality of the contents of Notary Deed has been determined in the Law as stated in the provisions of Article 4 paragraph (2) UUJN in paragraph 4, Article 16 paragraph (1) letter f UUJN, Article 54 paragraph (1) UUJN , Article 170 KUH Criminal Procedure paragraph (1), Article 1909 Civil Code paragraph (3), Article 146 HIR paragraph (3), Article 277 HIR and Article 89 paragraph (1) letter b Law Number 51 Year 2009 on Administrative Court . While the legal consequences for the Notary to the opening of the secret of the contents of the deed is:

(a). Criminal in Article 322 of the Criminal Code. (b) Civil Code as an unlawful act based on Article 1365 Civil Code, (c) Penalty and fine under Article 85 of Law Number 43 Year 2009 About Archives. (d) Article 16 UUJN paragraphs 11. (e) Article 54 paragraph (2) UUJN. Notary is unable to exercise the right of disgrace and disbanding duty contained in the Notary Law of Procedure if it is contrary to other laws. Therefore, a Notary cannot use the Right of Consent if the deeds he made are related to: (a) Article 36 Corruption Criminal Act No. 20 of 2001 on Amendment to Law Number 31 Year 1999 on Corruption Eradication Corruption. (b) Regarding the tax violations contained in Article 59 of Law Number 14 Year 2002 concerning Tax Court. (c) Article 25 paragraph (1) of Law Number 20 Year 2000 on Amendment to Law Number 21 Year 1997 concerning Land Acquisition Land Acquisition Rights. Article 35 Paragraph (2) of Law Number 28 Year 2007 Concerning Third Amendment to Law Number 6 Year 1983 concerning General Provisions and Procedures of Taxation.

Keywords: the confidentiality of the deed, honorary council, notary public

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Lalu Arya Sukma Gunawan, Amiruddin, Anwar

Abstract:

The main legal instrument for the realization of a clean government is administrative law. Thus administrative law is expected to prevent corruption, since corruption is broadly and broadly related to the use of authority. The absence of clarity regarding the limitations of abuse of authority contained in Law No. 30 of 1999 jo. Law No. 20 of 2001 on combating corruption makes it difficult for law enforcement to know the meaning of the abuse of authority itself and its limitations. So with the issuance of law number 30 of 2014 about the administration of the government provides clarity about the abuse of authority itself in particular and administrative law in general. The method used in this research is with the approach of law and conceptual approach. The legal materials used are primary legal materials and secondary legal materials. The analysis is legal analysis (Legal Analysis). Based on the research obtained is the concept of abuse of authority in the criminal act of corruption is basically in the law of corruption but the concept presented there is vagueness and lack of clarity of meaning, so it needs to be explored further in various laws and regulations, in the administrative law of the concept of misuse authority is found, in general. Still in the administrative law further abuse of authority is set forth in the legislation, namely law number 30 of 2014 on government administration. The law states that what is meant by the abuse of authority is a). Beyond authority, b). Mix up the authority, c). Acting arbitrarily. From the concept of abuse of authority is then further comparable with the criminal act of corruption, and then in the core of this research is the concept of abuse of authority in the criminal act of corruption.

Keywords: maladministration, corruption

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Siti Medina, Anang Husni, Eduardus Bayo Sili

Abstract:

In the world of commerce, trademark usage aberrations are common and unavoidable. This happens because driven and tempted to profit by shortcuts by entrepreneurs who have bad faith. With the impersonation of the brand means there is the same brand usage of certain goods. It is a factor that causes a brand dispute between the original brand owner and the brand impersonator to the Court.

Keywords: legal protection, famous brand, Hugo Boss

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Sayid Mustafa Kamal, M Natsir, Sahnan

Abstract:

This study aims to know and analyse the role of law enforcement in conducting Non Penal mediation on the settlement of criminal cases outside court in East Lombok regency and to know and analyse legal implication in Non Penal Mediation Penalty in criminal case. The research method used is empirical law research method, with approach of Legislation, Conceptual Approach, and Sociological Approach. The results show that: First, the Role of Law Enforcement in particular Advocate in applying Non Penal Mediation is a form of providing legal services and non-litigation legal aid to its clients. In mediation Non Penal advocate acts as: a. Initiator, b. Mediator and c. Facilitator. Second, the legal implications of the agreement resulting from Non Penal mediation are: a. The obligation of the perpetrator to be responsible for restoring the victim’s loss, b. The termination of the criminal proceeding process, in case the case has reached the investigation stage, the Non Penal mediation agreement resulted in the termination of the investigation.

Keywords: roles, law enforcement, non-penal mediation

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Hattamul Asomi, Lalu Husni, Sahnan

Abstract:

Research Objectives to know and analyse the process of upgrading SHGB status upgraded to SHM on residential and to know and analyse the effect of SHGB law which is upgraded to SHM on residential house.

The type of research used by the authors in this study is the type of normative research by making field data as complementary data. The research approach used by the authors in this research is the Statutory Approach. The Conceptual Approach.

The result of the research that the process of increasing HGB into SHM for the land area is less than 600 M2, the improvement of the right to become SHM on the house is quite simple by applying for an increase of rights to the Land Agency office. Then, the Land Office changes its rights by directly writing on the certificate page that the rights have been upgraded to Right of ownership. With the requirement: Original HGB Certificate, Copy of Building Permit (IMB), Copy of SPPT PBB, Copy of Identity of Applicant, PM1 from urban village, Statement Letter, Power of Attorney is required if the management is authorized to certain party. For more than 600 square meters of land, increasing the right to become SHM on dwelling house is treated like a new right request only the process does not involve Committee A. Committee A is the granting of rights consisting of BPN and urban village officers. The process performed in a property rights application is in the form of a conference report only in BPN. Then BPN issued a letter in the form of Decree (SK) granting of property rights with the same requirements with an area of less than 600 M2 and then pay the cost of the case BPHTB. While the effect of HGB law is increased to the ownership of residential property is based on the Decision of State Meter/National Land Agency Number 6 of 1998 concerning the Granting of Ownership rights to the land for the residence resulted in the certificate having changed the status of all right to the building into the right property rights essentially for buildings is the right to build a building on land that is not hers, in other words the building can be owned while the land is still owned by the developer or developer. With the status increased to the property rights of the land and the building is controlled and becomes his property intact without any separation of land and buildings.

Keywords: certificate of right of use (SHGB), certificate of land ownership (SHM), house of residence

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Saidul Umar, Sumiati Ismail, Muhaimin

Abstract:

The purpose of this research is to know and analyse the form of arrangement and procedure of conventional cooperative conversion into sharia cooperative and constraint in conversion of conventional cooperative become sharia cooperative in West Lombok regency. This type of research is a normative-empirical legal research. Data analysis used is Descriptive Analysis, Systematic Analysis.

The result of research of conventional cooperative conversion and conversion procedure become sharia cooperative that conventional general cooperative wishing to change its business activity become cooperative based on sharia principle must fulfil provisions contained in Regulation of Minister of Cooperatives And Small And Medium Enterprises of Republic Indonesia Number 16/Per/M. Kukm/IX/2015 on the Implementation of Savings and Loans and Sharia Financing Activities by Cooperatives, with the approval of member meetings conducted through amendments to the articles of association; The conventional co-operative conversion procedure into a sharia cooperative namely; Meeting members of cooperatives and made the minutes of the meeting of members of the conventional budget change from conventional to sharia, Making certificate of amendment of the articles of association, Submitting online approval to the Ministry of cooperatives through SISMINBHKOP, Submitting change of business license from conventional to sharia. While the constraints in converting conventional cooperatives into sharia cooperatives in the district of West Lombok are juridical and non-juridical obstacles, these juridical constraints include the rule of law (law). While the constraints non juridical is a facility or facility that supports, social community, and culture it.

Keywords: conventional cooperative, sharia cooperative, conversion

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Ratna Hayati, Lalu Husni, Djumardin

Abstract:

The Land Deed Officials (PPAT) is one of the most decisive professions in the land registration process in Indonesia, the sale and purchase of land must be done with a deed made by and in front of the Land Deed Official (PPAT). One of the institutions that oversees the Land Deed Authority (PPAT) in the performance of its official duties is the National Land Agency (BPN) in this case supervision conducted by the Head of Land Agency to conduct supervision on the Land Deed Officials (PPAT) on the implementation of the obligation of PPAT in performing their duties so as not to cause harm to the Land Deed Officials (PPAT) or to the parties. The purpose of this research is to analyse the regulation of the supervision conducted by the Head of Land Office against the Land Deed Authority (PPAT) in the sale and purchase transaction of land rights. The theory used is the theory of legal certainty, theory of authority and effectiveness of law. This type of research is Normative Empirical legal research. Approach methods used are the Approach of Legislation, Conceptual Approach, and Sociological Determination. Types and data sources are primary data, secondary data. Technique of data collecting is using library study and document and field study, field research by conducting direct interview with question and answer method directly with informant/respondent. Analysed using qualitative data analysis. Based on the results of this study that the Supervision Arrangement conducted by the Head of Land Office Against PPAT in Transaction of Sale and Purchase of Land Rights is regulated in the provisions of Articles 65 and 66 Regulation of Head of National Land Agency Number 1 Year 2006 concerning Provisions on Implementation of Government Regulation Number 37 Year 1998 concerning Regulation of Position The Land Acquisition Officer, the Head of Land Affairs Office is authorized to supervise the Land Deed Officials in the execution of PPAT positions, one of which is to create a deed on the sale and purchase of land rights so that in carrying out their duties of office can be controlled so as to have a positive influence on PPAT and will avoid PPAT from acts that are inconsistent with the PPAT position and the PPAT Code of Conduct, and to ensure the realization of legal certainty and legal protection to the right holder of a plot of land, apartment units and other rights, realizing the orderly administration of land in Indonesia.

Keywords: supervision, head of land office against PPAT, sale and purchase of land rights

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