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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah BISNIS: Jurnal Bisnis dan Manajemen Islam Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Jurnal Konstatering TABELLIUS
Aryani Witasari
Faculty Of Law Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Notary's Obligations for The Drafting of a Sale-Purchase Agreement Deed in Connection with Regional Retribution Nontji, Surya La; Witasari, Aryani
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 analyzes the obligations and responsibilities of notaries in making a Deed of Sale and Purchase Agreement (PPJB) based on Regional Regulation Number 8 of 2023 and the Notary Law (UUJN). In addition, this study identifies the forms of sanctions that can be imposed on notaries if violations occur and evaluates the effectiveness of supervision and law enforcement in the notary profession. By understanding the regulations and their implementation, this study is expected to provide recommendations to improve the professionalism of notaries and legal protection for parties conducting land sale and purchase transactions through PPJB. The approach used is normative juridical with qualitative analysis methods. Data were obtained through literature studies, including laws and regulations, court decisions, and related legal literature. The analysis was carried out by examining the obligations of notaries based on regulations and comparing their implementation in practice. In addition, the study examines the form of sanctions against notaries in violation of the making of PPJB and the role of the Notary Supervisory Board in ensuring compliance with regulations. The results of the study show that notaries have an important role in ensuring the validity and legal certainty of PPJB. Compliance with the law protects the rights of the parties and prevents disputes, but obstacles such as lack of documents from related parties and potential abuse of authority still occur. Administrative, civil, and criminal sanctions regulated in the UUJN and Regional Regulation Number 8 of 2023 need to be implemented more effectively in order to provide a deterrent effect and increase the accountability of the notary profession.Keywords: Deed of Agreement; Notary Obligations; Retribution.
The Role of a Notary in the Implementation of Credit Agreements and Settlement of Defaults with a Mortgage Right Guarantee Rahmatillah, Ananta Mega; Witasari, Aryani; Shallman, Shallman
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. This study aims to analyze the role of notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021. and to analyze the obstacles faced by notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021 and their solutions. This study uses a normative juridical research approach. The specifications in this study are descriptive analysis. The theories used include the theory of authority and the theory of legal certainty. Based on the research, it is concluded that the role of notaries who also serve as Land Deed Officials (PPAT) in resolving defaults in credit agreements with collateral rights, as reflected in Supreme Court Decision Number 42 PK/TUN/2021. Notaries not only play a role in making authentic deeds such as sales and purchase deeds and deeds of granting mortgage rights, but also bear preventive legal responsibility to ensure that the collateral object is truly valid both formally and materially. Repressive aspects, Notaries play a role in providing information or becoming expert witnesses in court when the validity of authentic deeds they have made is questioned. Failure by notaries to implement the principle of prudence, such as not verifying land status, physical ownership, or potential disputes, can result in the issuance of legally flawed deeds and lead to the cancellation of mortgage rights and the loss of the bank's preferential rights as a creditor. (2) Internal obstacles include negligence on the part of banks that accept Land Ownership Certificates (SHM) without conducting due diligence, as well as weak integrity and professional ethics from notaries/PPATs who do not verify the validity of the collateral object thoroughly. External obstacles come from the BPN which is negligent in verifying the physical and legal status of the land before issuing SHM, as well as from customers who deliberately hide information about the status of disputes or unclear ownership history of the land used as collateral. Solutions include joint checks on the collateral object by banks, notaries/PPATs, and debtors; strengthening ethical guidance and supervision by professional organizations for notaries/PPATs; strict internal audits at the BPN before issuing certificates; as well as legal education to customers regarding the importance of transparency and validity of guarantee documents.
Legal Review of Breach of Performance Law on Binding Agreement Deeds sale and Purchase of Land and Buildings Made By a Notary Pambudi, Hayuningtyas; Witasari, Aryani
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 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 default on the deed of sale and purchase agreement and to determine and analyze the settlement of default on the deed of sale and purchase agreement. The approach method used in this study is normative legal, the type of research used in this study is normative legal research, the type and source of data used is normative legal research, using the method of collecting primary legal materials, and the legal materials obtained will be analyzed qualitatively. The results of this study indicate that the sale and purchase agreement cannot always run according to the agreement desired by the parties. Sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the promised performance so that according to the law it is considered to have deviated from the agreement which results in a loss for the other party called default. And legal settlement in the case of default on the Sale and Purchase Agreement can be done in 2 (two) ways, namely non-litigation dispute resolution or outside the court by means of arbitration, negotiation, mediation, and conciliation. As well as litigation settlement through the general court process.Keywords: Notary, Sale and Purchase Agreement, Default
The Validity of Land Ownership Granted by Fellow Indonesian Citizens Based on a Name-Loan Agreement (Case Study at the Sharia Savings and Loans Cooperative and Financing Baitul Maal Wat Tamwil Dinar Rahmat Insani Muamalat, Tegal Regency) Ani, Nafa; Witasari, Aryani
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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This research aims to analyze the legal validity of land ownership based on nominee agreements between Indonesian citizens, with a case study at KSPS BMT DRI Muamalat in Tegal Regency. Nominee agreements, although not explicitly regulated in the Indonesian Civil Code (KUHPerdata), are commonly practiced to circumvent legal restrictions on land ownership. This study uses a normative juridical approach with descriptive-analytical specifications. Data were collected through literature studies and interviews, then analyzed qualitatively. The findings show that nominee agreements may lead to legal uncertainty and violate the principle of good faith, especially when used to conceal actual ownership. Notaries involved in such agreements remain responsible for ensuring that the legal documents they prepare comply with prevailing laws and do not facilitate unlawful arrangements. 
Responsibilities and Legal Protection of Notaries as Public Officials in Issuing Covernotes Reviewed from the Perspective of Guarantee Law Maulida Hanum, Nindy; Witasari, Aryani
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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Covernote is a unilateral statement from a Notary that has no binding force, as an ordinary statement, a covernote is not classified as a notarial deed. Covernotes made by Notaries in practice give rise to several legal issues. In connection with this,The author conducted the research with the aim of finding out and analyzing it legally. conducting legal research regarding the responsibilities and protection of Notaries as public officials in issuing covernotes. To find out the above objectives, the method used is a juridical-empirical method that combines legal analysis and field data. A sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by Notaries. Primary data is obtained from interviews with Notaries, while secondary data is taken from legal sources and related literature. Qualitative analysis is used to describe the phenomenon and understand the responsibilities of Notariesand protection of Notaries as public officials in issuing covernotes. Covernotes are not classified as authentic deeds and if the issuance of a covernote causes a loss, the Notary can be held legally responsible, both criminally and civilly. Legal protection for Notaries includes preventive aspects, such as the obligations regulated in Article 16 paragraph (1) of the Notary Law, as well as repressive aspects in the form of sanctions if a violation occurs. To clarify the Notary's responsibility in issuing a covernote, special regulations are needed in the Notary Law. In addition, Notaries are advised to be careful in issuing a covernote by ensuring that the information is in accordance with the facts.
Settlement of Bad Debts Through Non-Litigation Channels to Improve Community Economic Enterprises in Pasuruan Jadida Fitri, Mar'atul; Witasari, Aryani
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49502

Abstract

This study discusses the non-litigation approach to resolving bad debts at PT. BPRS Daya Artha Mentari and its contribution to improving the economy of the Pasuruan community. The study employed a juridical-sociological approach, with data collection techniques including observation, interviews, documentation, and literature review. The results indicate that resolving bad debts through rescheduling, reconditioning, and restructuring is considered more effective, faster, and cheaper than litigation. Non-litigation resolving has a positive impact on improving the economy of the Pasuruan community, particularly for MSMEs, agriculture, industry, and fisheries businesses.
Co-Authors Abdul Hasim achmad sulchan Agus Supriadi Ahmad Hadi Prayitno Aji Sudarmaji Akhmad Khisni Akhmad Khisni Akhmad Mufasirin Akhmad Mufasirin Amin Purnawan Amin Purnawan Anak Agung Putra Dwipayana Angga Kusumah Ani Hilyani Hilyani Ani, Nafa Anindia Inka Saputri Anwar Saleh Hasibuan Ardito Yudho Pratomo Arif, Muhammad Sholikul Aris Setiono Aris Sophian Armina Dilla Zahirani Arpangi Arpangi, Arpangi Bayu Dwa Anugrah Beny Fajar Sanjaya Bonar Setyantono Bondan Satrio Bawono Chandra Kurniawan Christian Bagoes Prasetyo Danang Sucahyo Delvi Amalia Rosa Deni Dwi Noviandi Denny Suwondo Deny Suwondo Didi Wahyudi Sunansyah Dimas Sakti Wardhana Edi Suarto Eka Damayanti Damayanti Eliani Safitri Evie Pravitasari Fajar Fathan Fuadi Farhana Yahya Abdullah Farman Riantama Budi Fiana Zahroh Suciani Fidianto, Grahita Gunarto Gunarto Gunarto Gunarto Hapshary Noor Diansaputri Harinda, Khoirulika Nur Hengki Irawan Heri Mulyono Holyness Nurdin Singadimedja Indah Esti Cahyani Indah Setyowati Insan Al Ha Za Zuna Darma Illahi Ira Alia Maerani Irfan Iskhak Jadida Fitri, Mar'atul Jawade Hafidz Junaidi Abdullah Justisia Pamilia Luberty Karolus Geleuk Sengadji Kustriyo Kustriyo M Farid Amirullah M.Gargarin Friyandi Ma'ruf, Umar Mahin Musyafa Masrur Ridwan Masrur Ridwan Masrus Ridwan Maulana Abdul Mujib Maulida Hanum, Nindy Mochamad Rizqi Sismanto Mohamad Andi Rochman Monicha Rossalia Adigita Muchammad Qomaruddin Qomaruddin Muhammad Ali Maskun Muhammad Nur Aklif Muhammad Ramadhani Citrawan Nanda Herawati Nariswari, Anindya Widya Ngadino Ngadino Nirwan Kusuma Nontji, Surya La Noor Lailatul Izza Novita Irma Yulistyani Novitasari Novitasari Nur Muhammad Rajja Agung Pambudi, Hayuningtyas Peni Rinda Listyawati Pusparukmi, Nirwanadewi Rahmatillah, Ananta Mega Risky Amalia Rizki Andika Putra Rondhiyah Dwi Istinah, Siti Rudi Hendri Basuki Sari, Anggi Mahendra Shallman, Shallman Siti Rodhiyah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Sri Endah Wanyuningsih Sri Kusriyah Sri Praptini Praptini Sukarmi Sukarmi Syafiera Amelia Tegar Firmansyah Tofan Alamsyah Umar Ma'ruf Umar Ma’ruf Widhi Handoko Widya Pratiwi Asmara Yeremias Tony Putrawan Yunus Rahendra Yustisiadi, Hakam