Articles
<![CDATA[Optimizing the Role and Function of the Regional Supervisory Board Against the Abuse of Notary Position in Balikpapan City ]]>
<![CDATA[Aziza, Adela Fitri]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 1 (2025): January 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Position of Land Sale and Purchase Agreement with Fully Certified Land Under Hand Against the Interests of the Heirs ]]>
<![CDATA[Wahyuni, Ayuni Sri]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 2 (2024): April 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to analyze: 1) The legal position of private sale and purchase agreements. 2) Legal protection for heirs who use a sale and purchase agreement in full under their hands. This type of research falls within the scope of normative legal research. The approach methods used in this research are the case study approach and the statutory approach. This type of data uses secondary data obtained from literature studies. The data analysis method used in this research is prescriptive. The research results were concluded: 1). The legal position of a signed sale and purchase agreement in full is that it has the power of proof in a case and its truth cannot be denied, so the private letter must be legalized. The Civil Code regulates private deeds as described in Articles 1874, 1874a, and Article 1880. These articles require that every private deed must be accompanied by a dated statement, given by a notary or other official recognized by Constitution. 2) Legal protection for heirs who use a private sale and purchase agreement in full has several forms, although in this context, legal protection may be more limited compared to using an authentic sale and purchase agreement made before a Notary/PPAT. However, some forms of protection that can be obtained are Proof of Writing, Acknowledgment of Signature: If the signature of the seller's heir is recognized as authentic and valid, this can provide proof that the agreement was indeed signed by the party concerned, Witness Attestation, and Transaction Integrity. However, it should be remembered that a private sale and purchase agreement does not usually have the same legal force as an official deed registered with an authorized government agency.]]>
<![CDATA[Implementation of Four Land Order in the Field of Absentee Ownership of Land Rights ]]>
<![CDATA[Pradana, Yuda Sony Adhi]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ Jurnal Konstatering Vol 2, No 3 (2023): July 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Analysis of Land Certificate Legality (SKT) Towards Uncertified Land in Land Sale and Purchase ]]>
<![CDATA[Mi’rajiah, Dessy]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase. 2) The legal existence of land certificate as proof of ownership of land rights. This type of research is normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase in Indonesia has significant limitations. Although the SKT is administratively recognized and can be used as proof of physical control over land, this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In the context of land sales and purchases, the use of SKT as proof of ownership poses legal risks, especially in the event of a dispute, because the SKT does not provide a guarantee of legal ownership and is formally recognized by law. In order to achieve legal certainty and protect the rights of all parties involved in the transaction, the land title certificate remains the only document that is legally recognized as proof of ownership in land sales and purchases. Therefore, it is important for the parties in a land sale and purchase transaction to ensure that the land being traded has a valid certificate, in order to avoid potential legal problems in the future. 2). The legal existence of the Land Certificate (SKT) as proof of land ownership in Indonesia is recognized in the administrative and physical control context, especially in areas where land registration has not been optimal. SKT is often used by the community as proof of land ownership and for administrative purposes, however, the legality of SKT is limited because this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In land disputes or formal legal processes, land certificates are prioritized as proof of legal ownership.]]>
<![CDATA[Optimization of Community Participation in the Complete Systematic Land Registration Program (Ptsl) in Paren Village, Mayong District, Jepara Regency ]]>
<![CDATA[Putri, Ainaya Qalbina]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 1 (2025): January 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Formulation Policy for Deeds Issued by Temporary Land Deed Officials (PPATS) ]]>
<![CDATA[Mashuri, Mashuri]]>;
<![CDATA[Sri Darmadi, Nanang]]>;
<![CDATA[Hafidh, Muhammad]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 3 (2025): July 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. PPATS becomes incompetent in making all forms of real deeds compared to Notaries or PPATs who obtain their positions through legal education and internships at the BPN office or at PPAT, so that the position of Notaries and PPATs is better than PPATS, so a legal formulation is needed that can regulate the limits of PPATS's authority in carrying out duties as PPAT. The research discussion includes two things, firstly how to register deeds (transfer of land rights) registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and how is the concept of legal formulation regulating the registration of land deeds registered by Temporary Land Deed Making Officers in the future. This study aims to analyze the registration of land transfer deeds registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration. To find the right legal formulation for Temporary Land Deed Makers (PPATS) in the future. Approach Method used by the researcher in this thesis The type of research used by the author in this thesis is normative legal research. The types and sources of data used are primary, secondary, and tertiary data sources. The data collection method is a literature study, the research data analysis method carried out by the author is prescriptive. The results of the research and discussion show that: First, the PP on Land Registration does not regulate the authority of Temporary PPAT to register land transfer deeds while the authority of Temporary PPAT is obtained from the PP on PPAT Position which gives authority to Temporary PPAT to act as PPAT. Second, PPAT in Indonesia as a whole has begun to emerge and even in some areas the quota for PPAT is full, so there is no need to worry if PPATS is abolished in the legal regulations in Indonesia because with the large number of PPATs spread across various provinces in Indonesia, it would be better to optimize the distribution of the number of PPATs in 33 provinces in Indonesia by limiting PPATs to choose their legal work area and giving authority to BPN to regulate the distribution of PPATs in areas where there are no PPATs yet.]]>
<![CDATA[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) ]]>
<![CDATA[Rusilah, Eni]]>;
<![CDATA[Arifulloh, Achmad]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 3 (2025): July 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[The Policy on the Application of National Land Law and Its Influence on the Existence of Ulayat Rights of the Samin Tribe Indigenous People in the Karts Kendeng Mountains ]]>
<![CDATA[Sulaiman, Nurcholis]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to identify and analyze the problems of the existence of customary rights of the Samin tribal people against the policy of implementing national land law and their solutions. The approach method in this study is sociological juridical, with descriptive analytical research specifications. The data needed includes primary and secondary data, the data is collected by means of interviews and literature study, which are then analyzed using qualitative analysis. The research results show that the problem of the existence of customary rights of the Samin tribe in the karts kendeng mountains of Rembang is modernization and a change in the mindset of the indigenous people. Factors that influence these changes are internal factors in the form of changes from their indigenous peoples and external factors that are influenced by other cultures from outside. The samin community in the Rembang karts kendeng mountains is identical and has merged into an organic society in terms of social solidarity. With this change, the Samin people are no longer guided by their culture and customs and then become a society in general, so that customary rights which were formerly the rights of the Samin people are now individual rights, then PT Semen Indonesia uses them to build a factory in the area. The solution in particular is that the Samin community must care for, protect, preserve, manage, and utilize their Ulayat land so that their Ulayat land rights do not disappear. The general solution is that the government is expected to be able to realize legal certainty for indigenous peoples determine special legislation that thoroughly discusses customary rights.Keywords: Customary; Land; Society; Tribe.]]>
<![CDATA[Obligations and Responsibilities of Notaries in Providing Social Services to The Community as Public Officials ]]>
<![CDATA[Atmoko, Dwi]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[At present, where economic development is increasingly rapid and supported by increasingly developing technology and the increasingly dense population in Indonesia, this country has various and varied problems. Likewise with its diverse society where in reality the economic gap between the able and the unable has its own burden for the person concerned and also the state. In its journey, especially for those who are unable, of course, they also need a notary in achieving their desires, especially regarding the certainty and validity of a letter regarding their assets or related to certain agreements. The role of a notary is needed in society, especially for those who are unable to get their desires for free as mandated in the Notary Law (UUJN) Article 37 paragraph (1) which states that "requires a notary to provide legal services in the notary field free of charge for those who are unable". However, in reality, many notaries do not implement or obey and are trustworthy of the law, which of course is not a good thing. In writing this scientific paper, the author uses a normative legal research method supported by a legislative and historical approach to the formation of notaries and the regulatory norms that surround them. This is done to analyze and see how effective the regulations are for notaries in implementing their functions and performance in providing services to the general public, especially the less fortunate. Notaries in their rights and obligations tend to help people who are able due to economic needs. The honesty and integrity of a notary are questioned in helping people who are unable, where this of course makes it seem as if the notary profession is a profession that is intended for certain people only in this case for people who are able and seem exclusive.]]>
<![CDATA[Actio Pauliana in Bankruptcy Cases Related to The Provision of Credit Facilities with Fiduciary Guarantees (Case Study of Decision Number 17/Pdt.Sus-Actio Pauliana/2023/PN. Niaga.Smg. Jo. No.20/Pdt.Sus.Pailit/2022/PN Niaga Smg.) ]]>
<![CDATA[Santa, Bagus Ariyanto]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. Actio pauliana is a right granted by law to submit a request to the court to cancel all legal actions that are not required to be carried out by the debtor against his assets which the debtor knows that the legal action is detrimental to the creditor, but of course the holder of the liquidus guarantee also has the right to be prioritized when the debtor is declared bankrupt. The type of research in this study is a normative juridical approach method with research data sources using secondary data. The approach method in this study is a statute approach. Data collection techniques use literature studies in journals, books and digital documents. Data analysis techniques used in this study use prescriptive methods. Problems are analyzed using legal protection theory and legal certainty theory. The results of this study indicate that legal protection for fiduciary guarantee holders when a debtor is declared bankrupt is that the guarantee holders of objects have the right to sell the collateral themselves. They seem not to interfere in bankruptcy matters. Take what is their right from the sales income as payment of their receivables, and if there is still a remainder, this remainder is handed over to the inheritance hall. And the judge's consideration in handing down the decision Number 17 / Pdt.Sus-Actio Pauliana / 2023 / PN. Niaga. Smg. Jo. No. 20 / Pdt.Sus.Pailit / 2022 / PN Niaga Smg. which stated that it rejected the Plaintiffs' lawsuit in its entirety because the actions of Defendant I were an exercise of his right to close/pay off his receivables received from the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director), therefore the actions of the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director) and Defendant I were in order to fulfill their respective obligations arising from the agreement, therefore they did not meet the requirements for an actio pauliana lawsuit. Keywords: Actio Pauliana; Bankruptcy; Fiduciary Guarantee. ]]>
