The issue to be discussed is whether there is a shift in the position status of a Notary to a Public Official. A notary is a General public Official according to Notary Office Law. Since Indonesia ...has acceded to the Apostille Convention, it is necessary to clarify the classification of the Notary position and its implications because the Convention applies to the legal product of Publik Officials. This study discusses whether there is a shift in the position of a Notary to a Public Official and its implications for the Notary Deed, considering the provisions regarding General Public Officials and Publik Officials, including the KIP Law. In conclusion, the classification of Notary occupation, for the sake of legal certainty, as stated in Notary Office Law, is General Public Official. From another perspective, if Notary is classified as a Public Official, this would not immediately force or make the Notary obligated to disclose the Notary Deed they made or the confidential information of the Parties who appear before the Notary.How to cite item: Aisyiah, C., Wisnuwardhani, D. A., (2022), Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3)242-252. doi:10.26905/idjch.v13i3.9012.
Theoretical Study of Employment Issues Hamid, Ardiansyah; Indrayanti, Kadek Wiwik; Wisnuwardhani, Diah Aju
Jurnal Cakrawala Hukum,
04/2023, Volume:
14, Issue:
1
Journal Article
Peer reviewed
Open access
The problem raised in this research is regulating workers' rights and their protection in the Law. This study uses normative legal research methods with several approaches, namely the statutory and ...conceptual approaches. The results of this study state that the rights of workers/laborers are essential to implement because if workers and laborers are not given rights that are by human rights, then the work carried out by workers will not be able to run correctly. Whereas the contents of the manpower articles in the Law still have several normative problems, namely not yet providing guarantees of legal certainty for guarantees for the protection of workers' rights, such as determining proper wages and eligibility for severance pay. Likewise, with the provisions regarding layoffs, the Law only accommodates the interests of employers so that it can have implications for unilateral termination of employment relations with workers. The philosophical concept of Law is still co-opted with the liberal economic spirit, which is the fundamental basis for the birth of the Law, resulting in most people's rejection of the Law.How to cite item: Hamid, Ardiansyah, Kadek Wiwik Indrayanti, and Diah Aju Wisnuwardhani. “The Issue of Labor Law Versus Human Rights.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 96-105. DOI: 10.26905/idjch.v14i1.9873.
The position of a Notary is a crucial part of the Indonesian state that adheres to the principles of a legal state. The Notary is the only public official authorized to create authentic deeds. An ...authentic deed is a document whose form is determined by the law or is created by or in the presence of a public official authorized for that purpose. This means that an authentic deed has a form stipulated by the law and is created by a public official designated by the law. In the course of performing their duties, notaries may sometimes be unable to fulfill their responsibilities due to reasons such as leave, illness, temporary impediment, or death. Therefore, to continue providing services and being accountable to the public, the position of Temporary Notary Official is established. The procedure for a Temporary Notary Official to perform the duties of a temporarily dismissed notary is explained in Article 80 of the UUJN: "(1) While the Notary is temporarily dismissed from his position, the Central Supervisory Board proposes a Temporary Notary Official to the Minister. (2) The Minister appoints a Notary who will receive the Notary Protocol from the temporarily dismissed Notary." Referring to Article 80 of the UUJN, it can be interpreted that if a notary is temporarily dismissed, the Regional Supervisory Board proposes a Temporary Notary Official to carry out the duties of the temporarily dismissed notary. However, with the development of the law, in 2014, Law Number 30 of 2014 or the UUJN Amendment was enacted, amending the previous UUJN which stated, "Temporary Notary Official is a person who temporarily serves as a Notary to carry out the duties of a Notary who has died." This change was made to ensure legal certainty, order, and protection and also because the UUJN was no longer in line with legal developments and the needs of society. However, the change in the definition was not accompanied by a change in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed. This leads to inconsistency in the law, as in the UUJN Amendment, the Temporary Notary Official is specifically designated to perform the duties of a deceased notary, but the regulation in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed from his position, remains unchanged
The purpose of this Cooperative is not just to seek profit merely as the purpose of another legal entity such as a Limited Liability Company. Cooperatives are economic enterprises that prioritize the ...welfare of their members through the financial sector. This emphasizes the importance of member welfare as one of the objectives ofestablishing a cooperative. In order for the objectives of the cooperative to be achieved, cooperatives can carry out various business activities. In connection with lending and borrowing which forms the basis of the relationship between the bank and the Savings and Loan Cooperative, the Savings and Loan Cooperative has the obligation to return when requested by the bank or when the Savings and Loan Cooperative is no longer active in its activities. Furthermore, what is the legal relationship between the Savings and Credit Cooperative and the creditor? The basis of the legal relationship between Savings and Loans Cooperatives and creditors is an agreement to borrow and borrow money which is often referred to by the community as a credit agreement. The agreement is actually a relationship based on a loan lending agreement as stipulated in Article 1754 of the Civil Code. Cooperative loans for bank financing are carried out and signed by all cooperative managers through personal quarantee as stipulated in Article 1820 of the Civil Code, namely as the guarantor of the debt referred to as the “Guarantor”. While the personal assets submitted by the management to the bank as an additional guarantee or accesoir. How to cite item: Wisnuwardhani, D. (2018). Tanggung jawab koperasi simpan pinjam terhadap jaminan milik pengurus yang di jaminkan hutang koperasi. Jurnal Cakrawala Hukum, 9(1), 21-30. doi:https://doi.org/10.26905/idjch.v9i1.2112
Traffic law, almost all legal acts require legal guarantees for such actions. One of the legal guarantees is an authentic deed made by a Notary. The Notary attributively has the authority to make ...authentic deeds, to ratify deeds under the hand as well as to some other authorities regulated by the Notary Law. Implementation of such authority, the notary requires employees (workers) to serve and expedite services provided to the parties or clients of the notary. As workers, notary employees are entitled to wages and other rights as workers as stipulated in the Manpower Act. On the one hand, a notary public, a notary as well as an employer who is obliged to perform wages and other rights of workers as stipulated in the Manpower Act. Working relationships conducted by workers and employers are generally subordinate in nature. The position of the workers in the employment relationship, in terms of economic social is lower than the employer, for the workers need a container to reach the point kesedarajatan with employers. The most prominent civil and political rights needed by every worker is the right to peaceful assembly and assembly.
For customers, internet banking service facilities provide the advantage of being able to make online payments. Internet banking also provides accommodation for banking activities through computer ...networks anytime and anywhere quickly, easily, and safely because it is supported by a strong security system, especially for those who are always busy managing their finances. As for the formulation of the problem in this paper, how is the use of the principle of freedom of contract in standard contracts on internet banking seen from the point of view of Law Number 8 of 1999 concerning consumer protection and what is the legal protection for internet banking users for the contents of the standard contract? The result of this research is that the standard agreement on internet banking in its contents must be in accordance with the legal bases and articles that have been regulated in Law Number 8 of 1999 concerning Consumer Protection, where the agreement is not allowed if it harms the party implementing the agreement standard which in this case is a customer or debtor and the Bank is responsible for carrying out all obligations contained in the Banking Act, also in the Consumer Protection Act. The bank is also responsible for losses suffered by customers, whether they arise due to system errors or due to errors made by bank officers. A bank can only be released from its responsibilities after fulfilling its performance and paying compensation to the customer, or if the loss is due to the customer's fault or due to a compelling situation.How to cite item: Janitra, S., Ghufron Az, M., Wisnuwardhani, D. (2021). Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking. Jurnal Cakrawala Hukum, 12(3), 334-343. doi:https://doi.org/10.26905/idjch.v12i3.7361.
The NPPN regulations in PER DIRJEN PAJAK Number 17 / PJ / 2015 state that the NPPN percentage is grouped by region. Where this grouping of regions causes a difference in the percentage between ...regional groups. In addition, regulations regarding regional grouping are also found in PERMENKUMHAM Number 27/2016 which divides regional categories for the position of notaries. For the purpose of this research, this type of normative legal research uses a statute approach where the legal materials in this study are analyzed using prescriptive analysis techniques. Based on the results of the author's research, it can be concluded that the NPPN grouping by region is one of the manifestations of the Equality principle where this principle provides the same treatment to people who are in the same condition. The sentence is in the same condition can be interpreted as being in the same regional characteristics which are based on considerations using several variables. Broadly speaking, there is a correlation between the regional grouping of the two regulations, which lies in the basic factor for determining regional grouping, that is regional economic growth. The regional grouping that is regulated in the two rules has also fulfilled the value of justice as proposed by Aristotle's theory of justice. Regional grouping which is regulated by the government has clear and firm reasons so that this grouping is not a discriminatory act but is a form of distributive justice.How to cite item: Rachmatullah, A., Anshari, T., Wisnuwardhani, D. (2021). Analisis yuridis pengelompokan wilayah pada notaris berkaitan norma perhitungan penghasilan neto terkait pejabat umum. Jurnal Cakrawala Hukum, 12(2), 129-138. doi:https://doi.org/10.26905/idjch.v12i2.5811
To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced ...by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for example, the existence of resistance from the debtor or third party and the emptying of the object of the liability right. The obstacle from the creditor's side is the difficulty in finding auction buyers for the object of the execution auction. The juridical implication of the execution parade with the object of collateral is to obtain creditor assurance regarding the repayment of his debt from the debtor, in addition to accelerating the repayment process of creditors when the debtor defaults by giving the creditor the right to sell the Collateral Right Object of his own power through a public auction.How to cite item: Rosari. L.K.P., Koeswahyono I., Wisnuwardhani. D.A. (2022). Implikasi Yuridis Parate Eksekusi Objek Hak Tanggungan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.5189.
The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for ...Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D,E., Laila, K., Sabrina, N., Wisnuwardhani, D, A., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2). 135-144. doi:10.26905/idjch.v13i2.7970.
Government makes various efforts to prevent the crime of money laundering. One of them is to encourage some parties to participate in supervising the suspicious financial transaction. In its ...practice, this triggers juridical problem such as verification and monitoring policies of financial transaction on the service users by the notaries. This research aims to describe the notary’s criteria and legal responsibilities on the suspicious transaction. This article is based on the doctrinal legal research with statute and conceptual approaches. The research result shows that the criteria of suspicious financial transaction have been set in Indonesian legislation. The notary has legal responsibility to identify and verify the service users of authentic deed issue in implementing precautionary principles. This responsibility is accompanied by administrative sanction which is in line with the Regulation of the Minister of Law and Human Rights No. 9 of 2017, concerning the Implementation of Knowing Your Customer Principles for the Notary.Pemerintah melakukan berbagai upaya mencegah terjadinya tindak pidana pencucian uang. Salah satunya, mendorong berbagai pihak untuk turut serta mengawasi terjadinya traksaksi keuangan yang mencurigakan. Dalam pelaksanaannya, upaya ini menimbulkan problem yuridis. Seperti kebijakan verifikasi dan pemantauan transaksi keuangan pengguna jasa oleh notaris. Penelitian ini bertujuan untuk mendeskripsikan kriteria dan tanggung jawab hukum notaris terhadap terjadinya transaksi keuangan mencurigakan. Artikel ini berdasarkan penelitian hukum doktrinal, dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa kriteria transaksi keuangan menurigakan sudah diatur dalam peraturan perundang-undangan di Indonesia. Notaris memiliki tanggung jawab hukum untuk mengidentifikasi dan memverifikasi pengguna jasa pembuatan akta autentik dalam rangka penerapan prinsip kehati-hatian. Tanggung jawab ini disertai sanksi administrasi sesuai Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 9 tahun 2017 tentang Penerapan Prinsip Mengenali Pengguna Jasa Bagi Notaris.
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