JURNAL HUKUM PROYURIS https://ejurnal.undana.ac.id/index.php/JP <p><strong>JURNAL HUKUM PROYURIS</strong> merupakan media publikasi ilmiah bidang ilmu hukum yang dikelola oleh Program Studi Magister Ilmu Hukum Universitas Nusa Cendana (Undana)</p> en-US jurnalproyuris.undana2018@gmail.com (Karolus Kopong Medan) Mon, 09 Aug 2021 13:46:53 +0000 OJS 3.1.1.2 http://blogs.law.harvard.edu/tech/rss 60 ASPEK-ASPEK HUKUM PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DAN PERATURAN DESA https://ejurnal.undana.ac.id/index.php/JP/article/view/4977 <p>Opportunities for community participation in the formation of Regional Regulations and Village Regulations have been opened and justified academically and juridically, but there are still a number of challenges that need serious attention. Therefore, in the use of the space for participation, it is necessary to pay attention to First, each actor plays their role appropriately; Second, the principle of transparency; Third, respect the principle of the rule of law; Fourth, uphold the principles of honesty and political ethics; Fifth, serve the interests of the people; Sixth, Empowerment of the community, traditional institutions and community institutions as the power of democracy. In order to get the data, the type of research used is normative juridical research is the type of research that will be used and is accompanied by the use of a statutory approach (Statue approach) and a conceptual approach. This research is made based on methods by examining existing literature such as laws and regulations, books relating to the issue to be solved, as well as dictionaries and encyclopedias.</p> Kotan Y. Stefanus ##submission.copyrightStatement## https://ejurnal.undana.ac.id/index.php/JP/article/view/4977 Thu, 01 Apr 2021 00:00:00 +0000 JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSINOMOR 18/PUU-XVII/2019 https://ejurnal.undana.ac.id/index.php/JP/article/view/4978 <p>Authentic deeds have a very important position in people's lives to ensure legal certainty and legal protection for the parties as well as what is stated in the deed in accordance with the applicable regulations in the Law on Notary Position (UUJN). As with the research that will be made by researchers, it will discuss the guarantee of legal certainty for Fiduciary security holders after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. In the verdict Constitutional Court has provided a different legal interpretation, that the executorial power of the Fiduciary Guarantee Certificate does not automatically enforce, but depends on certain circumstances, for example, the agreement of default between the creditor and the debtor in the agreement clause regarding when and why the debtor is declared in default, then the execution is through fiduciary guarantee certificate can be implemented or the debtor submits the fiduciary guarantee object voluntarily. This decision has an impact on creditors who should have an easy nature of execution if the debtor does not perform his obligations and if the debtor refuses to cooperate, the creditor must obtain a court decision before executing. The type of research used in this research is normative juridical research is the type of research that will be used and is accompanied by the use of a statutory approach (Statue approach) and a conceptual approach. This research is made based on methods by examining existing literature such as laws and regulations, books relating to the issue to be solved, as well as dictionaries and encyclopedias.</p> Gebby Suzan Adoe ##submission.copyrightStatement## https://ejurnal.undana.ac.id/index.php/JP/article/view/4978 Thu, 01 Apr 2021 00:00:00 +0000 PERLINDUNGAN HUKUM TERHADAP NOTARIS YANG MENJALANKAN PRINSIP MENGENALI PENGGUNA JASA https://ejurnal.undana.ac.id/index.php/JP/article/view/4979 <p>This paper analyzes the issue of legal protection for Notary Public who carries out the Principle of Recognizing Service Users, including in carrying out the Principle of Identifying Service Users is not contrary to maintaining the confidentiality of the contents of the deed. Research methods used normative juridical. Based on the results of the research, Notary Protection in carrying out the Principle of Recognizing Service Users is not only limited to physical protection but also legal protection in the form of protection to whistleblowers and witnesses from claims or claims either civilly or criminally, but Notary as a whistleblower is intended not as a reporting party, but the report is intended to represent the interests of service users. This means that service users give the power to report business transactions conducted before the relevant Notary and Notary Must apply the principle of recognizing Service Users, in this case, is not contrary because the application of PMPJ is also in the interest of the parties and protection of notary public so that in the implementation of his position is not misused or utilized by service users who will transfer their transactions into authentic deed so that it is legalized in the form of legal entities or other business entities.</p> Ricky Wie Lawa ##submission.copyrightStatement## https://ejurnal.undana.ac.id/index.php/JP/article/view/4979 Thu, 01 Apr 2021 00:00:00 +0000 PERLINDUNGAN HUKUM TERHADAP STAF UNHCR PASCA JAJAK PENDAPAT TIMOR TIMUR TAHUN 1999 SEBAGAI BENTUK PERTANGGUNGJAWABAN INDONESIA https://ejurnal.undana.ac.id/index.php/JP/article/view/4980 <p>As UN membership, Indonesia must protect the UN staff such as UNCHR after East Timor plebiscite. The willingness doing the Resolution of Peace and Security Council No. 1319 8th of September 2000 have shown the attitude of Government of Indonesia in developing of peace and security. International cooperation for making peace and security are civilized principles is suitable with International principle. Gathering the data, the type of research used in this research is the normative juridical research is the type of research that will be used and is accompanied by the use of a statutory approach (Statue approach) and a conceptual approach. This research is made based on methods by examining existing literature such as laws and regulations, books relating to the issue to be solved, as well as dictionaries and encyclopedias</p> Dhey Wego Tadeus ##submission.copyrightStatement## https://ejurnal.undana.ac.id/index.php/JP/article/view/4980 Thu, 01 Apr 2021 00:00:00 +0000 AKIBAT HUKUM AKTA OTENTIK YANG DIBUAT OLEH NOTARIS MELEBIHI KETENTUAN BATAS KEWAJARAN https://ejurnal.undana.ac.id/index.php/JP/article/view/4981 <p>Notary Position is glorious job which carrying out the noble position is not only required expertise in the field of notary but also needs to be held by those who are high-ranking. In carrying out its duties, Notary Public is supervised and fostered by the Supervisory Board and the Notary Honorary Board. The purpose and purpose of supervision of a Notary Public so that the Notary Public when carrying out its duties meets all the requirements related to the duties of the Notary Office appointed by the government not for the benefit of the Notary Itself but the interests of the people it serves. One of the rules relating to supervision and examination, especially by the Notary Honorary Board, is in the case of making a deed exceeding the fairness limit determined by the Notary Honorary Board as mandated by the Notary Code of Ethics in Article 4 paragraph 16 which is then realized by the establishment of the Regulation of the Central Honorary Board of Notary Ties Indonesia No. 1/ 2017 where the limitation of deed per day is 20 deed. However, there are still many Notaries who make deeds exceeding the fairness limit therefore this research will examine and analyze how the authenticity of notary deed made by notary public exceeds the limits of the fairness of deed making and how the role of the Honorary Board of The Indonesian Notary Association in carrying out the supervisory and examination function of members of the limits of fairness of deed making. This research was conducted using literature research method that is normative juridical that researchers obtained from literature study materials and documents related to this research.</p> Agnes Wie Lawa ##submission.copyrightStatement## https://ejurnal.undana.ac.id/index.php/JP/article/view/4981 Thu, 01 Apr 2021 00:00:00 +0000