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Peningkatan Kesadaran Hukum dan Pendampingan Pensertifikatan Tanah di Desa Manggihan Kecamatan Getasan Kabupaten Semarang Purnawan, Amin; Riyanto, Taufan Fajar; Adillah, Siti Ummu
Empowerment Vol. 5 No. 01 (2022): Empowerment
Publisher : Program Studi Ilmu Hukum Fakultas Hukum Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/empowerment.v5i01.5677

Abstract

Desa Manggihan  Kecamatan Getasan Kabupaten Semarang Povinsi Jawa Tengah  yang sebagian besar masyarakatnya bermata pencaharian sebagai petani sayuran, sebagian besar memiliki lahan pertanian namun belum bersertifikat sebagai bukti kepemilikan tanah yang sempurna. Sertifikat tanah memberikan kepastian hukum bagi pemiliknya sekaligus memiliki nilai ekonomis karena dapat dijadikan jaminan kredit perbankan. Kenyataan ini mendorong pentingnya penyuluhan hukum dan pendampingan masyarakat untuk mengurus pendaftaran tanahnya sesuai dengan Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah. Melalui kegiatan pengabdian masyarakat ini diharapkan akan mendukung program Pendaftaran Tanah Sistematis Lengkap (PTSL) yang sedang dilaksanakan pemerintah. Peningkatan kesejahteraan masyarakat melalui kepemilikan sertifikat tanah perlu dilakukan dengan memberikan edukasi dan pendampingan untuk mengetahui kendala yang dihadapi masyarakat sehingga belum melakukan pendaftaran tanah. Pensertifikatan tanah sebagai strategi untuk meningkatkan keunggulan kompetitif selama ini belum ada manajemen yang baik dan terstruktur dengan peningkatan pengetahuan dan kesadaran hukum masyarakat sebagai pemilik lahan. Metode pelaksanaan kegiatan dengan metode berbasis kelompok yang dilakukan secara komprehensif yang mampu menginventarisasi seluruh aspek yang menghambat pensertifikatan tanah dan memberikan solusinya. Bekerjasama dengan Kepala Desa Manggihan selaku mitra serta Kantor Pertanahan Kabupaten Semarang sebagai instansi yang menerbitkan sertifikat. Kegiatan dilakukan secara terukur sehingga berjalannya proses sertifikasi tanah. Luaran kegatan ini adalah sertifikat tanah dan publikasi dalam media pengabdian masyarakat.
Pengaruh Ligetime Portie terhadap Keabsahan Akta Wasiat Zulkarnain, Tsalsa Fitriyani; Riyanto, Taufan Fajar
Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Vol. 11 No. 2 (2025): Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton, Indonesia
Publisher : Lembaga Jurnal dan Publikasi Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/pencerah.v11i2.7127

Abstract

Penelitian ini menganalisis pengaruh legitime portie terhadap keabsahan akta wasiat dalam hukum perdata Indonesia. Legitime portie, bagian mutlak yang wajib diberikan kepada ahli waris tertentu, diatur dalam KUHPerdata Pasal 832-845. Pelanggaran terhadap ketentuan ini dapat menyebabkan akta wasiat batal demi hukum. Penelitian ini bertujuan untuk menganalisis pengaruh legitime portie terhadap keabsahan akta wasiat, baik dari perspektif hukum perdata Indonesia maupun melalui kajian kasus yang relevan. Penelitian ini menggunakan pendekatan yuridis normatif dan empiris untuk menganalisis pengaruh legitimate portie terhadap keabsahan akta wasiat. Data sekunder akan dikumpulkan dari berbagai sumber, termasuk buku, artikel jurnal, dan dokumen hukum yang relevan. Hasil penelitian ini menunjukan bahwa pendekatan yuridis normatif, penelitian ini akan mengkaji norma-norma hukum yang berlaku terkait dengan legitimate portie dan akta wasiat melalui studi pustaka. Penelitian ini menegaskan pentingnya pemahaman masyarakat dan praktisi hukum tentang aturan ini untuk meminimalkan sengketa waris dan memastikan keabsahan akta wasiat. Melalui analisis kasus, ditemukan bahwa pengadilan sering kali membatalkan akta wasiat yang melanggar ketentuan legitime portie untuk menjaga prinsip keadilan.
The Re-Narrate the Relevance of Justice in Debtor Protection Related to the Parate Execution Carried Out by Separatist Creditors Riyanto, Taufan Fajar; Taufiq, Muhammad
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.27980

Abstract

The existence of Articles 55 and 56 of Act No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy carried out by separatist creditors against creditors is weak. This is due to the absence of legal remedies that can be taken by debtors during bankruptcy has been found to have happened to him. Therefore, it is necessary to have a disposition of justice in protecting debtors from the rights of separatist creditors. The implementation of bankruptcy as referred to in Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to the debtor, considering that the two articles are only based on the existence of debt from the debtor and are related to the position of solvent or insolvency based on the creditor's view. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt, it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) The factors that have resulted in bankruptcy law so far have not been fair to debtors are legal factors, namely in the form of the provisions of Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors. The law even though is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) It is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004. So that the provisions of Article 55 and Article 56 of Act No. 37 of 2004 read: Article 55 of Act No. 37 of 2004: 1) Due to observance of the provisions as referred to in Article 56, Article 57, and Article 58, each Creditor holding a lien, fiduciary guarantee, mortgage, mortgage, or other collateral right, may exercise his rights as if there had been no bankruptcy.
Legal Consequences of Nominee Made Before a Notary Based on Legal Certainty in the Perspective of the Conditions for the Validity of the Agreement Husen, Arie Arisandy; Riyanto, Taufan Fajar
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

Currently, many people use the nominee (borrow name) agreement. Some of the reasons include those who have been blacklisted from the bank because of the inability to pay their installments, there are those whose BI Checking has entered collect 5 but wants to make loans to banks such as mortgages or car loans. In practice, there are notaries who dare to make nominee agreements to help clients who have problems in banking or foreigners who want to own land in Indonesia. Even though the UUPM and UUPA are prohibited from using the borrowed name. The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions. Keywords: Agreement; Consequences; Nominee; Validity.
Implementation of Pro Bono Notary Legal Services for the Poor in Grobogan Regency Utami, Dwi Risky Faulam; Riyanto, Taufan Fajar
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

Indonesia, as a country based on law as mandated in Article 1 paragraph (3) of the 1945 Constitution, stipulates that all aspects of national and state life must be based on law. This country based on law requires the protection and fulfillment of legal rights for all citizens without exception, including the right to legal aid. Within the framework of this country based on law, the role of notaries as public officials who carry out part of the state's functions is very important, especially in providing fair and equitable legal services. The author conducted the research with the aim of finding out and analyzing the implementation of the provision of free pro bono notary legal services in Grobogan Regency and analyzing what obstacles were encountered when implementing pro bono notary services. To find out the above objectives, the author used an empirical legal research type. Data sources were obtained from several stages, namely through field research (interviews) and library research. Data analysis in a systematic manner includes data reduction, data presentation and drawing conclusions. Based on the research results, it was concluded that the legal regulations regarding the notary's obligation to provide free legal services to the poor are contained in Article 37 paragraph (1) of the UUJN and Article 3 paragraph (7) of the Notary Code of Ethics. In practice, Notary Mulyono, S.H., M.Kn has carried out his obligations in accordance with the provisions of the Notary Law, legal services are not only provided to poor clients but also provided for foundation activities, activities in the social, humanitarian and religious fields. Notaries assess the poor based on humanity and conscience. Meanwhile, the obstacles encountered are that the provisions in Article 37 paragraph (1) of the UUJN do not explain in detail the procedures and who is said to be able to receive legal assistance to determine whether someone is eligible or can be exempted from fees, and there is still a lot of stigma in society considering that notary services are very high.
Optimization of Land Services Through Adoption of Electronic Land Certificates Oktavianto, Ridho; Riyanto, Taufan Fajar
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

Abstract. This study aims to analyze: 1) The legal certainty of electronic land certificates in order to optimize land services. 2) The impact of the adoption of electronic land certificates on the security of data related to land ownership. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal certainty of electronic land certificates in order to optimize land services plays an important role in efforts to optimize land services in Indonesia. Electronic land certificates, which have been regulated through various regulations such as the Regulation of the Minister of ATR/BPN Number 3 of 2023 and supported by provisions in the ITE Law and the Job Creation Law, provide a guarantee of legality and legal validity that is equivalent to conventional land certificates. This ensures that transactions or disputes involving electronic documents can be recognized and resolved legally. 2). The impact of the adoption of electronic land certificates on the security of data related to land ownership, namely from the positive side, the technology used, such as encryption and digital signatures, ensures the integrity and confidentiality of land data. This electronic system allows for centralized storage that reduces the risk of physical data loss due to damage or disaster. In addition, the verification process becomes more efficient and accurate, reducing the potential for disputes related to land ownership. However, this adoption also presents challenges, such as the threat of hacking that requires high-level cybersecurity, dependence on reliable technological infrastructure, and the need to educate the public to understand and utilize this system properly. By strengthening the security system and increasing public awareness, electronic land certificates can improve the efficiency of land services while providing better legal protection for community land rights.Keywords: Certificate; Electronic; Optimization.
The Legal Analysis Related to Compensation in Land Procurement for the Construction of the Semarang-Demak Toll Road Kencana, Dyah Ayu Manggar; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The land has a vital function in this country, this is because in one dimension land has the function of fulfilling the needs of human life personally and in another dimension land also has a social function to meet the needs of national development. The social dimension of land creates a system of compensation for every individual in society whose land is affected by land acquisition for development in the public interest. The implementation of compensation within the framework of land acquisition for development for the public interest has in fact not met the expectations of the community, especially in the Semarang-Demak toll road construction project. This article examines the issue of compensation in the procurement of land for the construction of the Semarang-Demak toll road, which is still far from the expectations of the community. The method used in this paper is normative juridical. Keywords: Acquisition; Compensation; Land.
The Role of Notaries in Efforts to Settle Disputes Over the Distribution of Inheritance Property in Batang Regency Adiyanto, Hanif; Riyanto, Taufan Fajar; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine and analyze the Implementation of the Role of Notaries in Efforts to Resolve Disputes over the Distribution of Inheritance in Batang Regency and to determine and analyze the Effectiveness of the Implementation of the Settlement of the Distribution of Inheritance in Front of a Notary in Batang Regency. The approach method in this study is a sociological juridical approach. Types and Sources of data use primary data, secondary data and tertiary data. Data collection uses primary data and secondary data. The data analysis method used is prescriptive analysis. The results of the research and discussion in this study are: 1) The implementation of the role of notaries in efforts to resolve disputes over the distribution of inheritance in Batang Regency has a significant contribution, especially in terms of making authentic deeds that serve as a strong legal basis to avoid future conflicts. Notaries act as neutral parties who provide legal consultation services, ensure clarity of the rights and obligations of the heirs, and assist in the effective mediation process so as to accelerate the peaceful resolution of disputes. However, there are still obstacles in the form of a lack of public understanding of the importance of notary involvement in the inheritance distribution process, as well as limited access for some communities in remote areas. 2) The implementation of the settlement of inheritance distribution before a Notary in Batang Regency shows varying effectiveness depending on several factors such as the level of public understanding of inheritance law (both Islamic law and civil law), the participation of dispute resolution institutions such as Religious Courts and traditional leaders, as well as legal awareness and the will to peace from the heirs. In practice, there are still significant obstacles, such as the lack of valid supporting documents, inconsistencies in heir data, and the existence of prolonged internal family conflicts. However, on the other hand, mediation efforts, both informally facilitated by community leaders and formally through judicial institutions, have shown a positive contribution in accelerating the resolution of inheritance disputes.
Effectiveness of the Complete Systematic Land Registration Program (PTSL) In Rembang Regency Dinata, Rendi Apri; Riyanto, Taufan Fajar
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. 2) Obstacles and solutions to the implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. This type of research is sociological juridical research. The approach method in this study is a descriptive analytical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses field studies and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency, especially Sarang District, was carried out in accordance with Presidential Instruction Number 2 of 2018 and Regulation of the Minister of ATR/BPN Number 6 of 2018, with effective coordination between the BPN, local government, village officials, and the community. The 100% target by 2024 was achieved, providing positive impacts in the form of legal certainty, protection of ownership rights, orderly land administration, increased access to financing, and public legal awareness. This PTSL is in line with the theory of legal certainty, legal protection, the legal system, law enforcement, and the principles of Islamic justice that affirm equal rights to land. 2) Obstacles to PTSL in Rembang Regency include: (a) administrative-technical, such as mistaken identity, differences in measurement results, and overlapping land plots; (b) socio-economic, such as the burden of non-BPN costs, low understanding of the benefits of certificates, and misperceptions regarding taxes; and (c) regulatory-implementation, such as suboptimal electronic certificates and lack of initial mapping of land plots. Solutions taken include strict document verification, additional measuring personnel, strengthening the role of village officials, re-measurement, community-based outreach, subsidies for non-BPN costs, NJOP-based tax education, and expanding the implementation of integrated e-certificates based on spatial and legal data. Keywords: Effectiveness; Land Registration; PTSL. 
Legal Consequences of Sale and Purchase Using Guardianship Declaration Made by Not an Authorized Official Firdaus, Mohamad Bayu; Riyanto, Taufan Fajar
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. Land sale and purchase transactions involving minors must meet certain legal requirements, including the use of a valid guardianship letter. However, in practice, it is still found that the use of a Guardianship Certificate made by someone other than an authorized official does not meet the provisions of the law, thus causing legal consequences for the validity of the deed of sale and purchase. The purpose of this study is to analyze the considerations of the panel of judges in Decision Number 100/Pdt.G/2021/PN.Skt which cancels the sale and purchase of land rights using a guardianship certificate made not by an authorized official, and to analyze the legal consequences of the sale and purchase deed using a guardianship certificate made not by an authorized official. This study uses a normative legal research type which is carried out by examining library materials or secondary data. The data analysis method used in this study is qualitative with the Statute Approach method and the Case Approach. The results of this study are that the Sale and Purchase Deed Number is considered legally invalid because at that time one of the selling parties had not reached the age recognized by law to enter into an agreement. The Panel of Judges canceled the sale and purchase transaction using a guardianship certificate made not by an authorized official which was considered legally invalid because it did not fulfill the correct legal procedures related to the guardianship of minors, resulting in the sale and purchase deed and land ownership certificate products being legally invalid.Keywords: Certificate of guardianship; Deed of sale and purchase; Legal consequences.