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Journal : Jurnal Konstatering

Form of Supervision and Guidance of Notaries By The Regional Supervisory Council (Mpd) Regarding Notaries Who Do Not Perform Their Offices Setiyowati, Elis; Ma'ruf, Umar
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the form of supervision and guidance of notaries by the regional supervisory board (MPD) towards notaries who carry out their duties to prevent violations of the authority of the notary's office and to determine and analyze the sanctions given by the regional supervisory board (MPD) to notaries who do not carry out their duties properly. The approach method in this study is the normative legal approach method. The research specification used is descriptive analytical research. The type of data uses secondary data. Data collection with the library study method. The data analysis method used is qualitative descriptive analysis. The results of the research and discussion in this study are: The form related to the supervision and guidance carried out by the Regional Supervisory Board (MPD) towards notaries is very important in preventing violations of the authority of the office and increasing the professionalism of Notaries. The purpose of supervision is to maintain the integrity of the notary profession, protect public interests, and ensure compliance with applicable laws, so that the notary profession remains trusted as an institution that plays a role in maintaining legal certainty in society. Finally, the implementation of supervision and guidance of notaries by the Sukabumi regional supervisory board (MPD) has been quite good and optimal with the condition of the MPD, namely that good cooperation is needed between the Sukabumi MPD and Notaries in Sukabumi. Implementation of Notary Supervision and Guidance Sanctions by the Regional Supervisory Council (MPD) through supervision (repressive) and guidance (preventive). Furthermore, if there is a Notary who violates Article 7 paragraph (1) letter a UUJN and is proven, a written warning will be given a maximum of 3 times. However, if the Notary who has been warned still has not improved his performance in accordance with the advice of the Regional Supervisory Council (MPD), this violation case can be continued to the Regional Supervisory Council (MPW) level to be given heavier sanctions. Finally, guidance actions (preventive) to prevent the recurrence of violations. Guidance actions taken can be in the form of socialization activities or counseling related regulations that are routinely scheduled for Notaries.
The Role of Notaries in Making Limited Liability Company Legal Entity Deeds through the General Legal Administration System Sumari, Sumari; Ma'ruf, Umar
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Registration of limited liability company legal entity deeded from a manual system to an electronic system or online is expected so that the registration or validation can run more efficiently and more effectively. Similar to the previous provisions, until now the process of making a request for registration into the General Law Administration System still requires the role of a notary. The purpose of this paper is to analyze: 1) The role of the notary in drawing up limited liability company legal entity deeds through the general legal administration system in Blora Regency. 2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the general legal administration system in Blora Regency. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analysis research. Types of data using primary data and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The research problems were analyzed using the theory of legal certainty and the theory of legal effectiveness with the results of the research concluding: 1) The role of the notary in making legal entity deeds of limited liability companies through the General Legal Administration system in Blora Regency, namely making deeds and making applications electronically through the general law administration system, because a notary deed that functions as an authentic deed must provide certainty and legal protection for the community and function as the most perfect means of evidence.2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the General Legal Administration System in Blora Regency is the registration of limited liability company deeds through the General Legal Administration System by a notary directly which strongly supports a faster and more effective registration completion process. Keywords: Administration; Company; Entity; System.
Responsibilities of Land Deed Drafting Officials (PPAT) for Sale and Purchase Deeds Made Without Checking the Certificate at the Land Office Saputro, Ahmadianto; Ma'ruf, Umar
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this research is to analyze the legal responsibilities of land deed making officials for sale and purchase deeds made in front of them without checking the certificate at the Semarang Regency Land Office, to analyze the legal consequences of the sale and purchase deeds made by land deed making officials without checking the certificate. This research is sociological juridical legal research, which is supported by empirical research with descriptive research type. The problem approach used is a qualitative approach. The data used is primary and secondary data consisting of primary legal materials, secondary legal materials. Data collection is through interview studies, observations and direct field observations. Data processing is carried out by examining data, selecting data, classifying data and systematizing data. Next, analyzed descriptively and analytically, the problem formulation in this research was analyzed using Legal Certainty Theory, Responsibility Theory, and Agreement Theory. The results of the research and discussion show that the responsibility of the Land Deed Making Official in the Sale and Purchase of land was not checked at the Semarang Regency Land Office resulting in legal defects in the formal and material requirements in the authentic deed which resulted in the deed being null and void. PPAT sanctions for deeds of sale and purchase that are not in accordance with the procedures for making PPAT deeds or are proven to have committed violations in carrying out their duties and positions so that the deeds they make contain legal defects and the consequences of the PPAT can be subject to sanctions in the form of Administrative Sanctions of the relevant PPAT can be subject to sanctions of dishonorable dismissal from his position, and Civil sanctions in which the deed he made is degraded to a private deed, as well as Criminal Sanctions which can be in the form of a criminal act of participating in falsifying a Deed.