TANGGUNG JAWAB HUKUM NOTARIS DALAM MEMBUAT AKTA PERUBAHAN ANGGARAN DASAR YAYASAN TANPA PERSETUJUAN DARI PEMBINA YAYASAN (Studi Kasus Putusan Kasasi Mahkamah Agung Republik Indonesia Nomor 1873 K/Pdt/2012)

MUTIA, BALQIS FARAH and Panjaitan, Saut Parulian and Mansyur, Amin (2018) TANGGUNG JAWAB HUKUM NOTARIS DALAM MEMBUAT AKTA PERUBAHAN ANGGARAN DASAR YAYASAN TANPA PERSETUJUAN DARI PEMBINA YAYASAN (Studi Kasus Putusan Kasasi Mahkamah Agung Republik Indonesia Nomor 1873 K/Pdt/2012). Master thesis, Sriwijaya University.

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Abstract

Notary, in running his positions, due to his tasks and responsibility to serve the community directed by The Law of Office Notary ( UUJN ) and Code of ethics. But in realization nowadays, in the harmony of Law implementation, still we can find a few notary that make a mistake by breaking the law by (or) not by his own purpose. In resultation, they break The Law of Office Notary ( UUJN ) and Code of Ethics. In this case, it is explained that the Notary made the amendment deed of articles of the association foundation but the client (plaintiff) didn’t bring the requirements for the amendment and the client himself is not an authorized people who has the right to change the articles of association foundation. Due to that case, the writers interested to make a thesis titled “Legal Liability Of The Notary To Made The Amendment Deed of Articles of the Association Foundation Without The Approval from Builder of Foundation” (Case Study Cassation Decision The Supreme Court Republic Of Indonesian Number 1873 K / Pdt / 2012)”. The problem / law issues regarding the role of notary in amendment of articles of association foundation , responsibility of notary about the defect deed and its loss, also the Legal consideration of the Judge included in cassation decision number 1873 k / pdt / 2012. Research data is using normative aprroach, taken from secondary data of primary law, the civil code , the law number 30 year 2004 about changes to the law number 2 year 2014 about notary , the law number 16 year 2001 (that changes to the law number 28 year 2004 about the foundation), the Rules of Ministry of Law and Human Rights number 2 year 2016 about the procedure of foundation submission and Jurisdiction . Secondary law material from book, the article and / or scientific work who discussed the issue of foundation. Tertiary law that is the code of ethics a notary and cassation decisions of the supreme court number 1873 K/Pdt/2012, Indonesia and encyclopedias of language dictionaries. As well as the withdrawal of deductive conclusion . The results and the conclusions from this thesis is: the role of the notary in amendment of articles of association foundation, is checkingthe completeness of the documents, and also reporting the amendment of articles of association foundation to the ministry of law and human rights . Notary responsible for the defect of notarial deed and for its loss that suffered by the plaintiff, in responsibility of civil , criminal , administrative and ethics of profession . An analysis of judicial consideration in decisions of the supreme court no.1873 k / pdt / 2012 is nullification of notarial deed number 2 years 2004, made by notary / ppat sartima thalib, has been adjusted by the law because the drafting contain an unlawful act and legal defect. About the compensation of the plaintiff’s loss, the judge refused to take the responsibility. In this case, the judge has been inaccurate in considering the facts in state court and act number 1365 jo 1366 about unlawful act.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Notary, Amendment Deed Of Articles Of Association Foundation, Foundation
Subjects:	K Law > K Law (General) > K3820-3836 Economic constitution, policy, planning, and development
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Mrs Kharisma Afrianti
Date Deposited:	06 Sep 2019 06:57
Last Modified:	06 Sep 2019 06:57
URI:	http://repository.unsri.ac.id/id/eprint/6495

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