Jurnal Nuansa Kenotariatan
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Postgraduate of Jayabaya Universityen-USJurnal Nuansa Kenotariatan2477-4103Kepastian Hukum Dana Hibah Yayasan Yang Dialihfungsikan Oleh Pengurus Yayasan
http://ejournal.jayabaya.ac.id/index.php/Nuansa_Notariat/article/view/267
Grants to social organizations that are Indonesian legal entities as intended in Article 3 paragraph (1) letter d are given to social organizations or foundation that legitimately have legal entities or social organizations that are association legal entities that have received legal entity approval from science in the field of law and human rights following legislation. However, a phenomenon that occurs in society is that grants received by foundations are not used for activities or foundation interests, but are used by foundations for personal interests. What are the legal consequences of foundation grants being diverted by foundation administrators for personal interests? And what is the legal certainty about foundation grant funds being diverted by foundation administrators for personal interests? The theories used are Soeroso’s Law Consequences Theory and Jan Michiel Otto’s Legal Certainty.Muhammad Ilham RamadhanPutra HutomoFelicitas Sri Marniati
Copyright (c) 2024 Jurnal Nuansa Kenotariatan
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2023-12-202023-12-2091142210.31479/jnk.v9i1.267Perlindungan Hukum Pihak Ketiga dalam Hak atas Tanah di Atas Tanah Negara yang Berubah Status
http://ejournal.jayabaya.ac.id/index.php/Nuansa_Notariat/article/view/270
<em>Indonesia's ongoing development necessitates the existence of the right of management, which delegates state control over land use for the achievement of public welfare. In spite of ongoing controversies, it remains an important part of Indonesian development. The lack of recognition of its importance may be the cause of unresolved land issues. Given the very heterogeneous nature of Indonesian society and the diverse land structures, the right of management is a necessary reality. Such an analysis shall take into consideration legal protection of holders of construction rights on government lands which are converted into construction rights under management rights, as well as legal protection of holders of construction rights on government lands which are converted into construction rights under management rights. It is crucial to examine the ownership rights of land for the holders of construction rights under management rights. This examination is based on the principle of justice in connection with the right of state control in the development of land law in Indonesia.</em>Amelia Nur Widyanti
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2023-12-132023-12-1391232710.31479/jnk.v9i1.270Pertanggung jawaban Notaris dalam Pembuatan Akta Pernyataan Nominee Pemegang Saham oleh Warga Negara Asing dalam Pendirian Perseroan Terbatas
http://ejournal.jayabaya.ac.id/index.php/Nuansa_Notariat/article/view/254
<em>Discussion on the responsibility of a notary for making a deed of statement of a shareholder Nominee by a foreign national in the establishment of a limited liability company. Research conducted using normative juridical methods. In Nominee agreements/statements between foreigners and Indonesian citizens it is closely related to the notary as the authorized official in making the Nominee agreement/statement deed, which as stated in UUJN that every deed made by the interests of the parties appear before the notary, then the deed has the power as authentic deed, but in reality the purpose of making this Nominee agreement/statement is to safeguard the assets that are the object of the Nominee even though this practice is often motivated by bad intentions, one of which is to avoid laws and regulations that limit the ownership of foreign citizens or more furthermore as a form of money laundering practices.</em>Nana SudianaRamlani Lina SinaulanZulkarnain Koto
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2023-08-182023-08-18911610.31479/jnk.v9i1.254Perlindungan Hukum Bagi Janda atau Duda dalam Wasiat Pemilik Harta Bersama Terkait Akta Waris Notaris
http://ejournal.jayabaya.ac.id/index.php/Nuansa_Notariat/article/view/255
<em>Joint property refers to assets acquired during a marriage, signifying partial ownership held by both the husband and the wife. Marital assets, as defined in Article 35, Paragraph (1) of the Marriage Law No. 1 of 1974, state: 'Property acquired during the marriage becomes joint property.' Consequently, the inheritance assets for a deceased husband or wife that can be inherited encompass a portion of their joint property. However, a phenomenon observed within society involves the inclusion of widows or widowers in wills, followed by the subsequent distribution of these assets among heirs or beneficiaries. The methodology employed for this research is of the normative juridical type, specifically library-based legal research. Various research approaches are adopted, including the Legislative Approach, Case Approach, Conceptual Approach, and Analytical Approach. Techniques such as legal interpretation, grammatical interpretation, systematic interpretation, teleological interpretation, and legal construction methods are utilized to analyze legal materials. The findings of this research reveal the following outcomes: (1) The Legal Consequences of Testamentary Instruments and Inheritance Right Certificates do not come into effect due to their annulment by the Court. However, sanctions are imposed on Notaries for creating Testamentary Instruments and Inheritance Right Certificates pertaining to the portion of assets belonging to widows or widowers, which are incorporated within the ambit of the beneficiaries. (2) Legal protection for widows/widowers concerning their share of communal assets is aligned with Article 35, Paragraph (1) of Law No. 1 of 1974 on marriage, which states, 'Property obtained during the marriage becomes joint property.' Thus, widows/widowers retain the right to claim a portion of their joint assets. Through the principle of Hereditatis Petitio as per Article 834 of the Civil Code, every heir is entitled to pursue legal actions to safeguard their inheritance rights.</em>Siti Rahmaniar Ramdani
Copyright (c) 2023 Jurnal Nuansa Kenotariatan
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2023-08-182023-08-189171310.31479/jnk.v9i1.255Tanggungjawab Hukum Notaris Terhadap Pembatalan Akte Perjanjian Pengikatan Jual Beli Hak Guna Bangunan
http://ejournal.jayabaya.ac.id/index.php/Nuansa_Notariat/article/view/183
The problem of this research is how the legal responsibility of notary on the cancellation of the agreement on the binding of sale and purchase of building rights and how the legal protection of the holder of the abandoned purchase agreement of Hak Guna Bangunan. In order to conduct this research, research method used by writer is normative juridical research method supported by empirical data, using normative juridical approach because the target of this research is law (norm). The result of the research that the legal force of the deed of binding agreement of sale and purchase of land rights made by Notary in the execution of the Deed of Sale is very strong, because the deed is a notary certificate that is authentic deed, the giving of irrevocable power in sale binding agreement Purchase is not included in the absolute power prohibited by the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power as the Transfer of Building Use Rights, and Protection of the law against the fulfillment of the rights of the parties if either party default in the sale and purchase agreement Depends heavily on the strength of the contract of sale and purchase that is made, that is, if it is made under a deed under the hand, its protection in accordance with the protection of the deed under the hand.Eka Rachma PutriFauzi Yusuf HasibuanSulhan S
Copyright (c) 2021 Jurnal Nuansa Kenotariatan
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2021-07-092021-07-099110.31479/jnk.v5i1.183