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Munsharif Abdul Chalim
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A Making Authentic Deed of Distribution of Inheritance to Land by a Notary Public Dicky Ardiansyah; Anis Mahdurohatun; Munsharif Abdul Chalim
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14986

Abstract

The making of a certificate of inheritance is carried out by a different official, which is based on the population group, there are three officials who are authorized to make a certificate of inheritance, namely the Notary, the Heritage Hall (BHP), or made by the heirs themselves on paper witnessed by the Head of Village / Village Head and strengthened by the Head District. This writing aims to analyze the process of making authentic deeds of distribution of inheritance of land rights, the obstacles faced by the notary and their solutions. Researchers used legal research methods with a normative juridical approach. The data source came from secondary data. This writing is analyzed qualitatively using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance distribution theory. The results showed that: 1) The process of making an inheritance distribution deed begins with the making of an inheritance certificate (SKW), which is the first step in carrying out the process of distributing inheritance to land in Jepara. The next step is: joint heirs before the notary in the presence of 2 (two) witnesses, bringing the documents that have been determined, the notary checks the files, certificates carried by both parties. The Official for Making Land Deeds (PPAT) makes a will or a certificate of inheritance. The will shall be signed by the heir and the PPAT (made in two copies). 2) PPAT obstacles in the process of distributing inheritance of land rights, namely: legal substance, legal structure, and legal culture. Solutions to obstacles, namely: Consulting and asking for help from government officials in the local village or sub-district. The government needs to disseminate information to the community. Provide information regarding the procedure and procedures for registration as well as incomplete document documents to the applicant.
The Execution of Fiduciary Guarantees After Constitutional Court Decision No.2/PUU-XIX/2021 Lathifah Hanim; Munsharif Abdul Chalim; MS. Noorman
JURNAL AKTA Vol 10, No 1 (2023): March 2023
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.v10i1.30410

Abstract

The Constitutional Court stated that the Irah-irah for the sake of justice based on belief in the One and Only God does not automatically have executive power. The research objective is to analyze the Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021 and analyze the obstacles and solutions in implementing the Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021. The research method is empirical juridical, supported by primary data and secondary data, with data collection techniques in the form of literature and interviews. Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021, namely that creditors cannot carry out forced executions themselves, for example by asking for assistance from the police, if there is a breach of contract (default) by the fiduciary right giver (debtor) against the creditor which are still not recognized by the debtor and the debtor objects to voluntarily handing over objects that are the object of the fiduciary agreement. The Court has reaffirmed in the Constitutional Court Decision Number 2/PUU-XIX/2021 that creditors must submit a request for execution to the District Court. and analyzing the obstacles and solutions in implementing the Execution of Fiduciary Guarantees after the Constitutional Court Decision No.2/PUU-XIX/2021. that is, many consumers do not understand that when they enter into a leasing agreement, they will only lease, they are actually renting their vehicle, they have to pay the rent every month, so when they are in arrears, even if they only have three months left, their vehicle must be taken by the creditor. This is an unfair regulation for consumers. On the one hand, the consumer has paid the specified down payment, on the other hand, the vehicle can be picked up at any time, regardless of how many months the remaining arrears are. There are deficiencies in Article 15 paragraphs (2) and (3) of the Fiduciary Guarantee Law which do not explain the procedure for executing the Fiduciary Guarantee Certificate, and do not regulate the mechanism for determining "default debtor". Thus giving rise to the understanding that this article gives legitimacy to creditors to carry out executions immediately without proper legal procedures and creates arbitrariness on the part of recipients of fiduciary guarantees.