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Journal : Jurnal Konstatering

 1 
Paradigm Shift Regarding The Meaning of Appearing Before a Notary in The Cyber Notary Context Fidiyani, Nuraeni; Darmadi, Nanang Sri
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. Paradigm shift can refer to a fundamental change in the form of perspective, mindset, or conceptual framework used to understand, explain, or solve a problem. The essence of cyber notary itself can be interpreted as a notary who carries out his duties or authority based on information technology, this is not only the legality of using a cell phone for communication between a notary and his client but also relates to the duties and functions of a notary, especially in making deeds. This study uses a normative legal research method. The approach methods in this study are the statutory approach, the conceptual approach, and the theoretical approach. The data sources used in this study are secondary data sources, while the data analysis used is prescriptive data analysis. The results of this study are First, regarding the paradigm shift regarding the meaning of appearing before a notary in the context of cyber notary, it cannot be described in detail and in detail how the shift takes place because the Notary Law, the Civil Code itself has not regulated the existence of digital face-to-face in the concept of cyber notary, so it can only be described roughly regarding the use of video teleconferences such as zoom, cameras, cell phones, CCTV but it is emphasized that the parties must remain present. Second, regarding legal certainty regarding deeds made in the cyber notary concept, it can be seen that there is no legal certainty because the Notary Law does not regulate notaries working as cyber notaries.Keywords: Cyber Notary; Facing Digitally; Paradigm Shift.
Implementation of Credit Restructuring as a Step for Bank Financial Rescue Sulistianto, Bayu; Darmadi, Nanang Sri; Hasana, Dahniarti
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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One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
The Occurrence of a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Notary's Deed of Sale and Purchase in Semarang Regency Zahra, Nabila Kartika; Darmadi, Nanang Sri
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. The land sale and purchase process must be made in the form of an authentic deed made by an authorized official, in this case a Notary and/or PPAT (Land Deed Making Official). In a sale and purchase, there is a transaction price that must be stated in the deed. However, the price stated in the Sale and Purchase Agreement deed does not match the actual transaction price. The purpose of this study is to analyze: 1) Why There Is a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement. 2) How to Anticipate So That There Is No Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement.This type of research is empirical legal research. The approach method in this research is a Qualitative approach. The types and sources of data in this research are primary and secondary data obtained through interviews and literature studies. The analysis in this research is Descriptive Analytical. The results of the study found that the factor of the difference in transaction prices was to avoid high taxes so that the parties wanted to include a cheaper price in the Notary Sale and Purchase Agreement compared to the actual transaction price. To anticipate this, namely by integrating the National Land Agency (BPN) with the Regional Finance Agency (BKUD), this will make it easier to carry out land sales and purchases.Keywords: Buying; Notary; Selling; Transaction.
Juridical Analysis of Letter C as the basis for rights in obtaining proof of ownership of land rights Dekafela, Karina Via; Darmadi, Nanang Sri
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The Letter C quote is proof of tax payments in the colonial period which used the fiscal cadaster system, namely a land registration system oriented towards tax collection. However, after the Indonesian nation became independent, what applied was recht cadaster, namely land registration which prioritizes legal ownership of land rights. This research aims to determine the position of Letter C as a basis for rights in legislation and jurisprudence and to determine the factors that influence the use of Letter C as a basis for rights in obtaining proof of ownership of land rights. The type of research used is normative juridical, the Statute Approach method, using secondary data with data collection methods for primary, secondary and tertiary legal materials, using prescriptive data analysis. Based on the research it was found that: (1) There are differences between the statutory provisions, namely the ATR Ministerial Regulation No.3 of 1997 and the Agrarian Ministerial Regulation No. 2 of 1962 which places Letter C as the basis for rights in obtaining proof of ownership of land rights while the Supreme Court Decision dated 10 February 1960 No.34/K/Sip/1960 views Letter C only as proof of tax payments. (2) Factors hindering the use of Letter C as a basis for rights in obtaining proof of ownership of land rights include: (a) Differences in the accuracy of land measurements (b) The community still considers Letter C as proof of land ownership (c) The community considers land registration require high costs.
Optimizing the Role and Function of the Regional Supervisory Board Against the Abuse of Notary Position in Balikpapan City Aziza, Adela Fitri; Darmadi, Nanang Sri
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. The examination conducted by the MPD on notaries in Balikpapan City has not been optimal so that the MPD cannot directly monitor and supervise documents issued by notaries or other notary protocols and the MPD is concerned that there are still notaries who make mistakes related to the abuse of notary office and the notary code of ethics. The purpose of this study is to determine and analyze the role and function of MPD supervision of the abuse of notary office in Balikpapan City which has not been optimal and to determine and analyze the optimization of the role and function of MPD supervision of the abuse of notary office in Balikpapan City. The approach method in this study is the empirical legal method. The research specifications used are Structural approach research and Economic Analysis of Law. The type of data uses primary data and secondary data. Theory of the Working of Law and Structural Theory and functionalism. The results of the research and discussion in this study are: The role and function of MPD supervision of abuse of office by Notaries in Balikpapan City in practice still faces various challenges both in the examination at any time (periodically) or when there are reports from the public resulting in the ineffectiveness of the MPD's role, further supervision in principle MPD Balikpapan City is not a superbody, but as a mentor, protector and protector and tries to accompany Notaries, including the status of Notaries who are summoned to be examined as witnesses and in such cases of course there must be a basis for determining the Notary concerned as a witness. Because the Notary who is summoned does not mean or is not necessarily guilty, but there could be other factors that cause the Notary concerned to have the status of a witness who may also be a suspect. For this reason, improvements are needed that start from within, namely the institution that appoints and the Notary organization itself. In this case, the role of the organization is needed so that the problem does not drag on because it will harm the Notary himself which will ultimately also harm the community, so that to solve this problem there needs to be a commitment from all parties who are competent in this matter. Keywords: Examinations; Function; Notary; Optimization.
Implementation of Four Land Order in the Field of Absentee Ownership of Land Rights Pradana, Yuda Sony Adhi; Darmadi, Nanang Sri
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to find out, explain and discover the obstacles to the implementation of Four Land Order in the field of absentee land ownership. The approach method in this research is a sociological juridical approach. The research specification is the implementation of the Four Land Order in the field of absentee land ownership. The data required includes primary data on the implementation of Four Land Order in the field of absentee land ownership. Data was taken using interviews, observation and literature study methods. The data analysis method uses interactive techniques. Interactive analysis means data is analyzed through three stages, namely reducing data, presenting data and drawing conclusions. Based on the research, it was concluded that the implementation of Four Land Order in the field of absentee land ownership in Kudus Regency is still less than optimal. Many land sales and purchases are carried out under the hands of the Land Administration Order. Ultimately, the goal of land reform to improve the welfare of farmers in particular, and create a just and prosperous society based on Pancasila in general, has not been able to meet the expectations to be achieved. The obstacles that arise in the implementation of the Four Land Order in the field of absentee land ownership can be grouped into 2 (two) groups, namely internal obstacles and external obstacles.
Optimization of Community Participation in the Complete Systematic Land Registration Program (Ptsl) in Paren Village, Mayong District, Jepara Regency Putri, Ainaya Qalbina; Darmadi, Nanang Sri
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. Complete Systematic Land Registration, hereinafter abbreviated as PTSL, is a Land Registration activity for the first time which is carried out simultaneously for all Land Registration objects throughout the territory of the Republic of Indonesia in one village/sub-district area or other name of the same level, which includes the collection and determination of the truth of physical data and legal data regarding one or several Land Registration objects for the purposes of registration. The approach method in this study is qualitative. This type of research includes empirical legal research. The types of data in this study are primary data and secondary data obtained through interviews and literature studies. The analysis in this study is descriptive. The results of the study concluded 1) The participation of the Paren Village community in the PTSL program is still relatively poor. This is evidenced by the target certificate data of 800 but community participation is only 539 2) The main problems faced in Paren Village are the lack of community participation in participating in the PTSL program, land that has not been divided or has not been divided, so that the community cannot participate in the certification process, lack of community understanding of the benefits and objectives of PTSL, costs that are considered burdensome, lack of effective socialization from the village government and BPN to provide an understanding to the community about the importance of PTSL.Keywords: Community; Participation; Problems; Registration; Village.
Legal Protection for Buyers in Good Faith in Land Sale Agreements Under Hand Without The Presence of The Seller (Case Study of Court Decision Number 81/PDT.G/2024/PN.Son) Rusilah, Eni; Arifulloh, Achmad; Darmadi, Nanang Sri
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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A buyer in good faith is a buyer who is unaware of any defects or flaws in a sale or purchase. Legal protection for buyers in good faith is based on Article 1338 of the Civil Code concerning agreements that must be executed in good faith and SEMA Number 7 of 2012, which guarantees legal protection for buyers in good faith. This research uses a case approach and a statute approach. Efforts to gain clarity and understanding of the problem based on court decisions and judges' considerations. Secondary data Obtained from library materials, the data is usually arranged in the form of documents including books, documents, research results embodied in reports and so on. Obtained from primary, secondary and tertiary legal materials. The results of the study show that the legal protection of buyers in good faith is based on Court Decision Number 81 / PDT.G / 2024 / PN.Son, namely stating that the buyer (Defendant) is a buyer in good faith and stating that the Defendant's actions are acts of breach of promise (Wanprestasi), this is in accordance with the theory of preventive legal protection which means that the buyer obtains the land rights in good faith based on the sale and purchase agreement. The judge's legal considerations in this case are in line with the theory of legal certainty, namely conducting a local inspection, to find facts in the field, and conducting an examination of evidence and witnesses and conducting an analysis of the sale and purchase agreement. The decision of the District Court at Level 1 has not yet become final, if there is an appeal, the results of this decision can be inversely proportional to the next decision.
Co-Authors Achmad Arifulloh, Achmad Aurelia, Gina Aziza, Adela Fitri Dekafela, Karina Via Fidiyani, Nuraeni Fitriana, Intan Nur Hasana, Dahniarti Heldawati, Eka Putri Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Putri, Ainaya Qalbina Rahmawati, Desy Tri Rusilah, Eni Santa, Bagus Ariyanto Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Yustina, Isna Putri Zahra, Nabila Kartika