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All Journal Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Indonesian Journal of Community Services Journal of Morality and Legal Culture International Journal of Environmental, Sustainability, and Social Science Law Development Journal Sultan Agung Notary Law Review

Amin Purnawan

Faculty Of Law Universitas Islam Sultan Agung

Author-ID : 2447475

Religion Humanities Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Juridical Analysis of Cancellation of Bonding Agreements of Selling & Buying a Plan of Land Taufik Rakhman; 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

The purpose of this study was to determine and analyze the process of canceling the binding sale and purchase agreement for a plot of land. To find out and analyze the legal consequences of the cancellation of the binding sale and purchase agreement for a plot of land in the construction of legal certainty.The method used by the researcher is Juridical Empirical (sociolegal research)and The specifications in this study are descriptive analytical. Based on the results of the study that The process of canceling the binding sale and purchase agreement for a plot of land is made by the parties to make their own cancellation deed in carrying out any legal actions, all possibilities can occur, including if the parties have agreed to cancel the previously agreed sale and purchase agreement, through a court order to cancel the agreement that is not Legal consequences can only be carried out by a judge or higher institution or competent institution, automatically canceling the agreement, then the contents of the agreement are automatically null and void by law and even considered that the agreement never existed or never occurred. Legal consequences Against the cancellation of the binding agreement on the sale and purchase of a plot of land in construction, legal certainty, namely:null and void by law, namely the non-fulfillment of objective conditions (Article 1320 of the Civil Code): a certain matter, a permissible/halal/legal cause, the agreement cannot be executed, because the agreement is not simply canceled, but cannot be implemented or forwarded to the next process, because it is still have a certain legal status.

Notaries Role Analysis in Implementation of Credit Agreements & Defaults Settlement with Guaranteed Liability Octantina Widiyastuti; Amin Purnawan; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Analysis of the Role of a Notary in the Implementation of Credit Agreements and Efforts to Settle Default with Guaranteed Mortgage at Bank BRI, Tegal City requires the assistance of a Notary. This happens because the Notary is authorized to make a form of authentic deed that is able to provide legal protection to the parties to the agreement. Regarding the authority of a Notary as a general official making an authentic deed, it can be seen in the provisions of Article 15 paragraph (1) of Act No.: 30 of 2004 concerning the Position of a Notary. The objectives of this journal research are one, to identify and analyze the role of a Notary in a credit agreement with mortgage guarantees at Bank BRI Tegal City Branch Office; two, to find out and analyze the factors causing the occurrence of Default in the credit agreement with the guarantee of Mortgage at Bank BRI Tegal City Branch Office; three, to find out and analyze how to settle defaults in credit agreements with mortgage guarantees at Bank BRI Tegal City Branch Office. The approach method used is the sociological juridical method, the research specifications used are analytical descriptive, using observation and interviews, secondary data collection techniques using library research, and data analysis methods using qualitative analysis. The results of the research and discussion, First, the role of the Notary in the implementation of the credit agreement, as an official authorized to make an authentic deed who is burdened with responsibility in connection with his work in making the deed and the deed can provide legal certainty for the parties in the credit agreement so that the Notary is to prioritize the balance between the namely rights and obligations of the parties who appear before the Notary. Second, the factors causing the occurrence of Default in the credit agreement with guaranteed mortgage rights at Bank BRI Tegal City Branch Office, there are internal factors and external factors causing non-performing loans. Third, Settlement of default in the credit agreement with collateral rights at the BRI bank Tegal City Branch Office can be done by using rescheduling, reconditioning, and restructuring methods.

Juridical Review of Income Tax Restitution (PPH) against Cancellation of Sale and Purchase Agreement Based on Government Regulation Number 34 of 2016 Alannuari Afid Amasi; 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

The purpose of this study is to analyze: 1) The legal construction of the Sale and Purchase Binding Agreement which is the basis for the imposition of Income Tax (PPh). 2) Implementation of Sale and Purchase Agreement on Land Rights Related to the Imposition of Income Tax (PPh). 3) Procedure for Income Tax (PPh) refunds for the cancellation of the sale and purchase agreement based on Government Regulation Number 34 of 2016. The research resultsare: 1) The legal construction of the Sale and Purchase Agreement which is the basis for the imposition of Income Tax (PPh) is Income Tax Act Number 36 Of 2008 Article 4 paragraph 2 letter d. In this article, it is clearly stated that income obtained from transactions of transfer of rights to land and / or buildings may be subject to final income tax. The rate of Final Income Tax Article 4 paragraph 2 from transactions for the transfer of rights to land and / or buildings in general is 5%. Meanwhile, the tax object is the income obtained from the transaction. 2). The implementation of the sale and purchase agreement on land rights related to the imposition of income tax (PPh) must be carried out in a clear manner, namely based on the agreement of both parties, and carried out with a PPAT deed, in this case a sale and purchase deed (AJB), after the requirements both material and formal have been met. 3. The Income Tax (PPh) restitution procedure for the cancellation of the sale and purchase agreement based on Government Regulation Number 34 of 2016, namely reporting, document verification, administrative research.The consequences of administrative sanctions in the form of an increase of 100% from the basis of tax determination if based on the results of the examination found a lack of tax payments.

Impact of Outsidered Children Status on Rights of Inheritance After Constitutional Court Decision Sulaiman Sulaiman; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The objectives of this study are as follows: 1) To determine and explain the effect of the status of outsidered children status on the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. 2) To find out and explain the barriers to the status of outsidered children status against the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. 3) To find out and explain solutions to overcome the barriers to the status of children outside of marriage to the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. As for the sources and types of data in this study are primary data obtained from field studies with interviews with Religious Court Judges in Kendari City. And secondary data obtained from literature study. Based on the results of the research, in the case of inheritance after the decision of the constitutional court, the position of an outsidered children status as meant by the constitutional court decision of an outsidered children status is not the same as an adulterous child, has found a way or space to obtain recognition in order to protect the rights of outsidered children status. In this case the Constitutional Court ruled Article 46/PUU-VIII/2010 concerning children outside of marriage, having the right to recognition with their biological father and also entitled to an inheritance equal to the size of other children. Obstacles in this Constitutional Court Decision include the problem of the perspective of law enforcers and government officials to grant rights to children outside of marriage without different treatment or other discriminatory treatment. After providing solutions (or at least providing legal certainty) to outsidered children status born after the issuance of the Constitutional Court decision No. 46/PUU-VIII/2010 (curative), the Constitutional Court attempted with the Constitutional Court's decision to prevent the same cases from occurring.

The Legal Consequences of Divorce on Joint Assets in the Religious Courts Komarudin Komarudin; Akhmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to find out and explain the legal consequences of divorce on joint property in religious courts. To find out and explain the obstacles due to divorce law on joint property in religious courts. The method used by the researcher is Juridical Empirical (socio-legal research) and the specifications in this study are descriptive analytical. Based on the results of the study that resulting in marital property controlled by the husband without the consent of the ex-wife cannot/is not allowed to sell or transfer the property without the consent of the ex-wife. The obstacle: shows that there is still a lack of public understanding of the applicable legal provisions governing assets in marriage. Economic factors. Factors of objects or objects (Joint Asset or Gono-Gini property). The responsibility factor of the parties (husband and wife). The solution: the need for legal counseling to the community and the prospective brides who will carry out the marriage. The settlement can be through the village head, but if it cannot be resolved through the village head then through the court institution by attaching a certificate of incapacity (prodeo). The settlement of one of the selling parties must be reduced by the distribution of the value of the price of the goods sold. The settlement in this case is that the collateralized object is confiscated and auctioned by the bank as the creditor who provides the debt facility.

The Authority Differences of Notary and PPAT in Making of Land Deed Certificate Tocko Haryanto; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to analyze and explain the Authority of Notaries and PPATs in Making Land Deeds Based on Act No. 2 of 2014 concerning Notary Positions and Government Regulation Number 24 of 2016 concerning Regulations of PPAT Positions. To analyze and explain the legal position of the rights and obligations of a notary based on Act No. 2 of 2014 concerning the Position of a Notary and the legal position of the rights and obligations of a PPAT based on Government Regulation Number 24 of 2016 concerning the Regulation of the Position of a PPAT. The method used by the researcher is normative and The specifications in this study is descriptive. The sources and types of data in this study are secondary data obtained from literature studies related to the theory of authority and legal certainty. Based on the results of the study that the difference between the authority of a notary and a PPAT in making a land deed is the authority of a notary in making the land deed, namely the land deed that is outside the authority of the PPAT as stated in Article 2 paragraph (2) of PP Number 37 of 1998. The authority of the official making the land deed is still limited by various kinds of legislation. Legal Position Rights and Obligations of Notaries and Legal Positions Rights and Obligations of PPAT is the urgency of the right to deny a Notary lies in the obligation of the Notary to carry out the mandate of the UUJN. The position of the Land Deed Maker Official is as an authentic deed maker official, besides that PPAT (Land Deed Making Officer) is also referred to as a secret custodian of the deed (regarding the contents) that has been made in order to maintain the interests of the parties in the deed.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary Widyo Adi Wicaksono; 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

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

Position of Foundation Assets from State Assistance Mohammad Fahdi; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The existence of a foundation in the community to achieve various activities, aims and objectives in the social, religious and humanitarian fields has developed rapidly and has more diverse features. However, there are various interpretations of the substance of the Law on Foundations in society, which can lead to uncertainty and legal order. In this connection, a foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. A foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. Based on the Foundation Law, it is stated that the sources of the Foundation's assets can also be obtained from: donations or assistance that are not binding, waqf, grants, testament grants, and other acquisitions that do not conflict with the articles of association or the prevailing laws and regulations. Donations or non-binding assistances are defined as voluntary donations or assistance received by a foundation, whether from the State, the community or from other parties. This research was conducted to analyze problems arising from the position of the foundation's assets originating from state assistance and to find solutions to the problems that arise. The approach method used in this research is normative juridical which is descriptive-analytical in nature. Primary data is obtained using field research methods, while secondary data is obtained through library research. The collected data were analyzed qualitatively. The results of this study indicate that the management of the foundation is still influenced by the bureaucratic structure when viewed from the composition of the personnel of coaches, administrators and supervisors consisting of former local government officials and the Ministry of Religion of Cirebon Regency.

Unlawful Acts Committed by a Notary in Form of Not Completing the Mortgage Process Panji Rizki Gumilar; Amin Purnawan; akhmad Khisni
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Public trust in the notary is the public's trust in the authentic deed he made, which is why the position of a notary is often also called the position of trust. Notaries as public officials are required to be responsible for the authentic deeds that they have made. A notary as a public official is required to be responsible for the authentic deed he has made. This is contained in UUJN no. 30 of 2004 concerning the position of a notary. The objectives of this study are as follows, one to identify and analyze the roles and responsibilities of a notary in a credit binding agreement, second to find out and analyze legal sanctions for a notary who does not complete the mortgage process and the study certificate process at the Central Artha People's Credit Bank, Brebes branch. . The approach method in this research is descriptive, which is carried out with a normative juridical approach. The type of research data used is secondary data consisting of primary legal materials and secondary legal materials. Analysis Data obtained from research results in the form of library research data (secondary) are analyzed qualitatively, the results of this study Notaries are public officials authorized to make authentic deeds insofar as the making of certain authentic deeds is not reserved for other public officials. Making authentic deeds is required by laws and regulations in order to create certainty, order, and legal protection. In addition to an authentic deed made by or before a Notary, not only because it is required by laws and regulations, but also because it is desired by interested parties to ensure the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties at the same time for society as a whole.

Principle of Same Rights to Land in Absentee Land Ownership Endah Kibiantiningsih; 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

Land is one of the natural resources in Indonesia that can be used as a means to achieve the welfare of the nation's life, so it needs state intervention to regulate it. In accordance with the constitutional mandate as stated in Article 33 Paragraph (3) of the 1945 Constitution, Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles or called the UUPA is stipulated. All kinds of land rights can be granted to all Indonesian people, both men and women, regardless of race, ethnicity and religion. From these provisions, Article 10 of the UUPA paragraph (1) stipulates that every person and legal entity that a right to agricultural land is in principle has to work or actively cultivate it himself, by preventing extortion. The article does not explicitly explain that it is prohibited to own agricultural land in an absentee manner, but this article can be intended to do so. The term absentee land will not be found in statutory regulations, but it can be understood that absentee land is land ownership located outside the area where the owner lives. Agricultural land should actually be used and worked on in an effort to meet productivity which will increase the national economy. However, the prohibition on land ownership does not apply to Civil Servants (PNS) who are equal with those who are carrying out state duties. Based on the above background, the formulation of the problem that the author wants to put forward in this study are: (1) How is the application of the principle of equality of land rights in absentee land ownership at the Karanganyar Regency Land Office. (2) Is absentee land ownership at the Karanganyar Regency Land Office in accordance with the application of the principle of equal rights to land. (3) How to obtain rights to Absentee land at the Karanganyar Regency Land Office. This study uses a normative juridical method, namely research that is fundamental in certain methods, systematics and thoughts which aims to examine one or several legal phenomena by analyzing them. From the research in the field, it can be concluded that the prohibition of absentee land ownership in Karanganyar Regency is not in accordance with the principle of equal rights between civil servants and the general public. The way to register land ownership (in this case land with the term absentee) for civil servants, as well as in Karanganyar district is (1) Applying for a permit to the local BPN office (2) Identity Card and appointment letter for PNS, TNI, POLRI (3) For retirees attach a statement letter that will manage the registered land itself. Ways to register land ownership for common citizens; (1) Identity Card, (2) Family Card, (3) Notice of Taxes Payable and (4) Land History.

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

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