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DEVELOPMENT OF THE LAW OF COMPLETE SYSTEMATIC LAND REGISTRATION (PTSL) AND EFFECT OF CONDUCT VALUESOF LAND BASED ON DIGNIFY JUSTICE IN THE DISTRICT OF KENDAL, CENTRAL JAVA Desy Dwi Nurhayati Hartanti; Gunarto Gunarto; Amin Purnawan
Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (563.029 KB) | DOI: 10.30659/sanlar.1.1.17-32

Abstract

Kendal is one of district in Central Java. In Central Java, there are 592 744 17 197 land parcels including land parcels village treasury (TKD). Of the entire field of the land, 76.7% of them (ie 455 193 fields) has been certified which of them is located in Kendal district. Certifying land based on existing data is not at 100% therefore needs to be continued registration of land in order to achieve legal certainty and reduce the incidence of land disputes that exist. In order to achieve legal certainty in a plot of land owned by someone, then the central government in Nawacita (President Ultimate Goal) which is 9 (nine) priority that takes precedence provide a program that allows people in the maintenance of the certificate. Land Registry Systematic Complete is a land registration activities for the first time conducted secacara simultaneously for all objects of land registration throughout the territory of the Republic of Indonesia in the territory of the village / village or other names that level with it, which involves the collection and determination of the truth of physical data and juridical data regarding one or several objects of registration of land for the purposes of registration.Keywords: Legal Development; PTSL; land; Justice dignified.
The Role of Notary in Making the Deed of Power of Attorney Imposing Mortgage on Land Collateral Siti Rokhmah; Ahmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (754.21 KB) | DOI: 10.30659/sanlar.3.3.860-870

Abstract

The purpose of this study was to identify and analyze the role of the Notary in making the Deed of Power of Attorney for Imposing Mortgage Rights (SKMHT) on uncertified land collateral at Bank BPR Karya Remaja Indramayu Regency, along with obstacles and solutions. This study uses an empirical juridical approach and the specifications of this study use a descriptive analytical method with a qualitative approach. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of legal certainty and authority. Based on the results of the study, it was concluded that in practice the Notary made SKMHT in accordance with Article 15 UUHT to bind collateral for uncertified land to be used as collateral, and had fulfilled what was stipulated in Article 38 of the UUJN regarding the beginning of the Deed, the body of the Deed, and the closing. Deed. The obstacles faced by Notaries are a). The inhibiting factor from the Bank, namely the incomplete document, b). The Inhibiting Factor from the Debtor is the problem of the amount of fees. c). Bad credit. The solutions to overcome these obstacles are: a). Give 7 working days to complete documents from the Bank or customer. b). Negotiated costs with a Notary, c). Banks are careful in providing credit. 
The Responsibilities of Notaries/Land Deed Making Officials (PPAT) to Electronic Mortgages Based on the Regulation of the Minister of Agrarian Mega Arum Saputri; Gunarto Gunarto; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (859.971 KB) | DOI: 10.30659/sanlar.2.4.369-389

Abstract

Notary is a public official who is authorized to make authentic deeds as long as the making of certain authentic deeds is not specific to other public officials. Notary, in this case, is a public official who is given the authority to make authentic deeds regarding certain legal actions regarding land rights or property rights over apartment units, while PPAT deeds are deeds made by PPAT as evidence that certain legal actions have been carried out regarding land rights or ownership rights over flat units, PPAT deed is a tool to prove that a legal act has been committed. The problems in this thesis are: (1) What is the responsibility of a PPAT Notary for electronic mortgage certificates based on the Minister of Agrarian Regulation Number 9 of 2019 ?, (2) What are PPAT Notary Obstacles in storing electronic mortgage documents? The Land Office regarding electronic mortgage certificates based on the Minister of Agrarian Regulation Number 9 of 2019? The method used is juridical empirical, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. The results of this study are: (1) The responsibility of the Notary/PPAT for electronic mortgage documents based on the Minister of Agrarian Regulation Number 9 of 2019 is to assist the government's duties. HT-el service is a form of service provision from the Ministry of ATR/BPN in facilitating services to the community by taking advantage of developments in information technology. PPAT is exempted from the obligation to represent the applicant (creditor) but PPAT is still obliged to submit the deed it has made, including APHT as quickly as possible and no later than 7 days. (2) Obstacles to the Notary/PPAT in storing electronic mortgage documents include a) constraints from the Creditor (Bank), where in each Notary-PPAT credit binding process b) Constraints from the Debtor (Client). c) Constraints from BPN, which is for clients who want all the management processes such as checking, registration, roya and so on related to the installation of Mortgage Rights at the BPN office can use an accelerated process even though they have to pay more than the specified administrative fee. (3) Efforts by the Notary/PPAT and the Land Office to electronic mortgage certificates based on the Regulation of the Minister of Agrarian Affairs Number 9 of 2019 are that PPAT Notaries need to apply the principle of prudence in examining HT-el certificates submitted by the tappers. The suggestion in this research is that the Notary Public/PPAT needs to make readiness in the procurement of electronics and technology that is qualified in HT-el registration and needs to apply the principle of prudence.
Implementation of Notary Public Liability against Authentic Deed Made According to Act No. 2 of 2014 Concerning Amendments to Act No. 30 of 2004 Regarding Notary Position Zahren Zukri Alyafie; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (773.369 KB) | DOI: 10.30659/sanlar.3.1.80-87

Abstract

This study aims 1) To find out the implementation of the Notary Public Responsibilities on the Authentic Deed made according to Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning Notary Position in Kendari City; 2) To find out obstacles and solutions in the Implementation of Notary Responsibilities for the Authentic Deed he made in Kendari City. This study uses an empirical juridical approach, the specification of this research is descriptive analytical. Types of data in this study include primary data and secondary data. Data obtainedwith the method of interview and literature study.The data analysis technique is qualitative. Based on this research it is concluded that: 1)Implementation of Civil Notary Responsibilities for the Authentic Deed that he makes, the notary is only responsible for the formal correctness of an authentic deed and not for the material of the authentic deed. The legal basis used in civil liability for deeds made by the Notary is if the Notary makes a mistake due to broken promises as determined in the provisions of Article 1234 of the Civil Code and acts against the law as stipulated in the provisions of Article 1365 of the Civil Code.2) Barriers and Solutions in the Implementation of Notary Responsibilities for the Authentic Deed that he makes, namely: a) Obstacles in Implementing the Notary's Responsibility towards the Authentic Deed that he makes, if one of the parties then feels that someone has been harmed, in this case it is the responsibility of the parties, not the responsibility of the notary. In fact, deeds made by notaries are evidence that the parties can use. b) Solutions in the Implementation of Notary Responsibilities for the Authentic Deed He Made If it is proven that there is a violation committed by the notary concerned and it is detrimental to one of the parties because of the deed he made. Regarding the civil claim, the notary concerned is obliged to compensate for the civil loss if proven.
Juridical Analysis on Role & Responsibility of Land Office in Multiple Land Certificates Mochamad Amin; Amin Purnawan; Djauhari Djauhari
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (796.375 KB) | DOI: 10.30659/sanlar.3.3.741-752

Abstract

The imbalance between the supply of land and the need for land can lead to various land disputes, including the emergence of cases of double certificates. The Basic Agrarian Law lays the foundation for realizing legal certainty and legal protection for all Indonesian people. According to Article 19 of the UUPA Number 5 of 1960 which was followed up with Article 3 letter a of Government Regulation Number 24 of 1997 concerning the Purpose of Land Registration. In Indonesia, the institution that has a close relationship with land is the National Land Agency or BPN which has the task of carrying out government duties in the land sector in accordance with the provisions of the legislation. The objectives of this research are, one to find out and analyze the causes of the occurrence of double land certificates at the Land Office, two to identify and analyze the responsibilities of the Land Office in the case of multiple land certificates, three to identify and analyze the obstacles and solutions to the responsibilities of the Land Office in the completion of double land certificates. The approach method used in this research is empirical juridical, namely analyzing the problem by combining legal materials which are secondary data with primary data obtained in the field. The research specifications in this study are descriptive analytical. Types and sources of data, namely primary data are data. obtained from the field. secondary data, namely data obtained from or derived from library materials, data collection techniques with interviews, literature studies, document studies. Then the author analyzes qualitatively which is then presented descriptively.
Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies Yeni Amalia; Amin Purnawan; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (746.835 KB) | DOI: 10.30659/sanlar.3.3.1099-1107

Abstract

This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.
Juridis Analysis of Cancellation of Sale & Purchase Agreement by Heirs in Matter of Buyer/Seller Who Has Died Aksan Tudoni; Akhmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (807.802 KB) | DOI: 10.30659/sanlar.3.1.200-214

Abstract

PPJB land contains the rights and obligations of the parties who made it, so that if the matters that have been agreed in the deed of sale and purchase are violated or not fulfilled by the parties who made it then the parties are authorized to request cancellation in the agreement before the court. In practice, the sale and purchase agreement can be revoked by the heirs.  The purpose of this study; to find out how the position of the Heirs' Law and legal protection to the Buyer in the case of the Sale and Purchase Agreement entered into by the Heir is canceled by the heirs and How the Laws of the Cancellation of the Sale and Purchase Agreement are Unilateral by the Heirs. The method used in this study is the Sociological Juridical method, the specification in this study is descriptive analytical, the data used is primary and secondary data, using data collection with interviews and library studies, qualitative data analysis, problems analyzed with theory, legal certainty and Authority Theory. The results of this study show that, the heirs can cancel the sale and purchase of the heirs' land if the legal conditions of the sale and purchase are not met through the court. Heirs who do not give their consent in the sale and purchase of inherited land as their right, have the right to cancel the sale and purchase of the land. If an agreement does not meet the Subjective requirements, then the agreement can be revoked. The PPJB Deed made by the Notary is basically an authentic act that will not be disputed if one party does not feel harmed, but with the content of the agreement in PPJB then the cancellation can arise a problem because one party feels harmed by the other party.The seller who is the heir has an obligation to continue the agreement, because the heirs receive the obligation from the heirs in general, in the sense of assets and passions of the heirs are the responsibility of the heirs.
Policy Implementation of Land Value Zone Towards Transaction Value in Assets of Land Office Rodhita Nur Gustiananda; Amin Purnawan; Akhmad Khisni
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.855 KB) | DOI: 10.30659/sanlar.2.4.513-521

Abstract

The purpose of this research is to: 1) To find out what are the regulations governing Land Value Zones in Indonesia, 2) To find out the implementation of the Land Value Zone policy on Transaction Value in deeds at the Kuningan Regency Land Office. The data used in this study are primary materials, secondary materials and testier materials that can support the assessment, which are then analyzed using the empirical juridical method. Based on the results of data analysis, it is concluded that: 1) The regulation regarding Land Value Zones in Indonesia has not yet been specifically regulated regarding the determination of Land Value Zones or land value information, but the community also does not really understand the land values based on or determined by the Land Value Zones In the Kuningan Regency Land Office as well as the Kuningan Regency Regional Regulation, it also does not regulate market value or the Land Value Zone policy which in the end has different policies between agencies. 2) In terms of the legal substance related to the Land Value Zone, Kuningan Regency has not realized it due to clashes between employees regarding the rules.
The Inheritance Grants without Approval of Any Heirs Takib Wilman Hakim; Akhmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (747.773 KB) | DOI: 10.30659/sanlar.3.4.1211-1219

Abstract

The purpose of this study was to find out and analyze the legal considerations of the panel of judges to adjudicate a dispute over the Deed of Grant of Land Rights to one of the prospective heirs without the consent of the other prospective heirs in the Cirebon District Court Decision Number. 18/Pdt.G/2017/PN.Cbn. To find out and analyze the Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law. The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive-analytical. Based on the results of the study that Legal Considerations of the Panel of Judges to adjudicate the Dispute on the Deed of Grant of Land Rights to One of the Prospective Heirs without the Approval of the Other Prospective Heirs it is appropriate to cancel the grant because if it is related to the legislation on grants, it has violated Article 211 KHI which is supported by considering evidence in the form of a certificate of distribution of land/agricultural/housing assets, the statement of the grant cannot be adjusted to the original and the object of the case determined as inheritance cannot be accepted because the inheritance has never been divided with other heirs. Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law on grant in Article 200 of the Compilation of Islamic Law is an act carried out in the context of delivering an item/object from the grantor to the grantee and the goods delivered are his own property.
Purchase and Purchase Binding Agreement as a Production Guarantee Power of Attorney to Impose Mortgage Rights Andi Rosita; Amin Purnawan; Akhmad Khisni
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.308 KB) | DOI: 10.30659/sanlar.2.4.328-334

Abstract

This study aims to: to find out whether the Sale and Purchase Agreement can be used as a guarantee for the making of a power of attorney to impose mortgage rights. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis.Based on the results of data analysis, it is concluded that the sale and purchase agreement is a manifestation ofthe principle of freedom of contract in which the parties are free to make any kind of agreement they want as contained in Article 1338 of the Civil Code by stating that all agreements made legally are valid as law for those who make them. However,the sale and purchase agreement cannot be used as a guarantee in making the deed of power of attorney to impose mortgage rights because ifthe land rights process has not been completed and the SKMHT period has ended laterthe debtor is in default, the skmht is null and void and the land object which is still in the status of a sale and purchase agreement cannot be subject to security rights and the deed of power of attorney imposing mortgage rights (SKMHT) cannot be upgraded to deed of granting mortgage rights (APHT) which is executorial in nature. The validity period of SKMHT for land that has been registered is one (1) month and creditors have the potential to lose the opportunity to impose mortgage rights.
Co-Authors Abdul Kodir Abdullah ABDULLAH Agni Wisnu Brata Ahmad Iksan Ahmad Khisni Ahmad Ramadan Akhmad Khisni Akhmad Khisni Akhmad Khisni Akhmad Khisni Akhmad Khisni Akhmad Khisni Aksan Tudoni Alannuari Afid Amasi Ali Ashadi Andi LALA Andi Muhammad Syuaib Andi Rosita Antonius Iwan Murdianto Ardika Budi Kusuma Argo Suseno Asep Sunarsa Awan Gunawan Bambang Tri Bawono Dadan Taufik Fathurohman Damar Dwi Kuncoro Dany Andhika Karya Gita Desy Dwi Nurhayati Hartanti Dhika Rachmat Pratama Djauhari Djauhari Djunaedi Djunaedi Dudu Wawan Setiawan Elang Yogi Medikabrata Eman Suparman Endah Kibiantiningsih Euis Listianti Gatot Wahyu Utomo Gunarto Gunarto Hani Handayani Hardiansah Hardiansah Ira Alia Maerani Ira Alia Maerani Ira Aulia Iwan Mex Namara Jawade Hafidz Khalimah Khalimah Khanafi Khanafi Komarudin Komarudin Kurniawan Daeli Kustriyo Kustriyo Lathifah Hanim Lucky Andriyanto Lupita Randawi Magmun Migfar Maryanto Maryanto Mega Arum Saputri Meilyna Dwijanti Meta Budiani Mochamad Amin Mochamad Elmo Sidiq Mohammad Fahdi Muhammad Muamal Muhammad Rizky Eka Pratama N. Dewi Ratnasari Nanda Kurniawan Ngadino Ngadino Octantina Widiyastuti Panji Rizki Gumilar R. Sugiharto Rahmi Rosyada Thoha Rezky Della Putri Waluyo Rizky Adiyanzah Wicaksono Rodhita Nur Gustiananda Rudiana Eka Pramana Putra Sema Ardianto Siti Rokhmah Siti Ummu Adillah Siti Ummu Adillah Siti Ummu Adillah Siti Ummu Adillah Siti Ummu Adillah Soegianto Soegianto Sri Kusriyah Sulaiman Sulaiman Suroto suroto Suyahmin Suyahmin Syukron Sofwan Takib Wilman Hakim Taufik Rakhman Tocko Haryanto Tri Margono Budisusilo Umi Setyawati Umi Wahyu Nurhayati Virginia Puspa Dianti Widyo Adi Wicaksono Yayah Wariah Yeni Amalia Yuliarti Yuliarti Zahren Zukri Alyafie