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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum ADDIN Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Hasanuddin Law Review KERTHA WICAKSANA DIVERSI : Jurnal Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Lex Publica Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS
Jawade Hafidz
Faculty Of Law UNISSULA Semarang
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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Journal : Jurnal Konstatering

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The Principle of Presumption of Validity as Immunity and Legal Protection for Notaries in Making Authentic Deeds Nafisah, Durorun; Hafidz, Jawade; Djunaedi, Djunaedi
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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Abstract. This study aims to determine and analyze the principle of presumption of legality as immunity and legal protection for notaries in making authentic deeds. The type of research is normative legal research using the statute approach, case approach, and conceptual approach derived from secondary data sources containing primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research, it is concluded that the Principle of Presumption of Validity (Presumptio Lustae Causa) means that a Notarial deed must be considered valid and binding on the parties until a party declares the deed invalid by filing a civil lawsuit with a general court. The Notarial Deed remains valid and binding on the parties or anyone interested in the deed, during and throughout the course of the lawsuit until a court decision has permanent legal force (inkrah). The parties who file a lawsuit with the court for the invalidity of the Notarial deed must be able to prove the invalidity of the Notarial deed from its external, formal, and material aspects. Preventive steps that must be adhered to and carried out by a notary in making an authentic deed so that they are free from civil sanctions and administrative sanctions are by complying with and implementing the provisions in the Notary Law.
The Legal Responsibilities of Officials Making Land Deeds against the Crime of Forgery of Sale and Purchase Deeds Kinanthi, Lembah Nurani Anjar; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to identify and analyze the legal responsibility of land deed drafting officials for the crime of sale and purchase deed forgery. This study uses a normative juridical approach (normative legal research method), uses a Statute Approach and a Case Approach. The type and source of data that researchers use is secondary data, divided into primary legal materials, secondary law as well as tertiary law. The data collection method uses document study or literature study and the data analysis method uses qualitative methods. Based on the research, it was concluded that the legal responsibility of the official making the land deed who committed the criminal act of falsifying the sale and purchase deed in Decision No. 248/Pid.B/2022/Pn.Jkt.Brt., states that if the defendant F, SH.MKn and the defendant IR, SH, with imprisonment for two years and eight months each, a fine of IDR 1,000,000,000 each. The deed of sale and purchase as well as the full power of attorney made by the two PPATs are truly inauthentic or contain defects, so that the position of the deed of sale and purchase as an authentic deed can be canceled and the status of the sale and purchase agreement is degraded to an underhanded agreement. Meanwhile, the responsibility of the official making the land deed as a general official for inauthentic sales and purchase deeds, namely administrative responsibility, civil responsibility and criminal responsibility. Keywords: Accountability; Land; Purchase.
The Comparison of Defaults in Credit Agreements by Customers of Conventional Banks and Islamic Banks Ruselia, Mawar; Hafidz, Jawade
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The banking industry has a very important role in the rotation of the economy. Banks as economic drivers with government assistance, provide credit facilities for the community and need each other to carry out the circulation of money in Indonesia, in which banks provide credit to the community, as well as the community is assisted financially in the form of credit capital obtained from banks. However, from the symbiosis of mutualism that exists, there are still many problems between banks and their customers related to defaults on credit agreements in both conventional banks and Islamic banks, especially conventional banks and Islamic banks in the city of Kendari, Southeast Sulawesi Province. This research method uses normative legal research, with a comparative legal approach, and the statutory regulatory approach. The results of this study areSettlement of credit agreement default disputes at conventional banks and Islamic banks consists of two ways, both litigation and non-litigation, in which the settlement of litigation disputes on conventional banks is resolved in the District Court while Islamic banks are resolved in the Religious Courts. Likewise, non-litigation dispute resolution at both conventional banks and Islamic banks has the same method with different applications starting from coaching, resheduling, reconditioning, restructuring, to confiscating assets which these two banks have different applications.Keywords : Agreement; Bank; Credit; Comparison.
The Role of Notaries in Agreements Made by Individual Companies with Other Parties Mulia, Fina Adinda; Hafidz, Jawade
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Agreements made between individual companies and other parties require the role of a notary so that the parties are protected from legal problems in the future. This study aims to determine the role of a notary in agreements made by individual companies with other parties and to determine the obstacles faced by notaries in agreements made by individual companies with other parties. The research approach method used in this thesis is an empirical legal research method, The specifications of this research are descriptive analytical, The type of data used in this study uses primary data which includes: the 1945 Constitution, the Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 11 of 2020 concerning Job Creation, Government Regulation No. 8 of 2021 concerning the Authorized Capital of Companies and Registration of the Establishment, Amendments, and Dissolution of Companies That Meet the Criteria for Micro and Small Businesses. As well as secondary data containing books and other supporting documents. Collection of research data using interview techniques, observation and literature studies. The data analysis method uses qualitative data analysis techniques. The results of the study show that: First, in an agreement between a sole proprietorship and another party, the role of a notary cannot be ignored. A notary has roles such as: Providing legal advice and considerations, Ensuring that the agreement document is correct and complete, Formulating the will of the parties, Issuing a copy of the agreement deed to all parties involved, Safely storing the authentic agreement deed that has been made. Second, the constraints of a notary in an agreement made by a sole proprietorship with another party: Lack of understanding of the parties about the law, Incomplete documents, Lack of information from the parties, Disagreement of the parties.Keywords: Agreement; Notary; Proprietorship; Sole.
The Validity of Notarial Deeds Using Cyber Notary in Making Authentic Deeds Based on Legal Perspectives in Indonesia Monika, Julia; Hafidz, Jawade
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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This study employs normative legal research with a statutory, analytical, and theoretical approach. Secondary data includes primary legal materials (the Electronic Information and Transactions Law, the State Law on the Provision of State Assets, the Civil Code, and other implementing regulations), secondary legal materials (literature and previous research), and tertiary legal materials (dictionaries and encyclopedias). Library research was used as the data collection method, while prescriptive data analysis provides arguments and legal assessments of the findings. The results of this study are expected to provide both theoretical and practical contributions to the development of digital notary law in Indonesia. Theoretically, this research can enrich scientific studies in the legal field, particularly regarding the adaptation of notary legal norms to developments in information technology. Meanwhile, practically, the findings of this study are expected to serve as a reference for policymakers, notary professional organizations, and legal practitioners in formulating more comprehensive and applicable regulations related to the implementation of Cyber Notary, thereby ensuring legal certainty, legal protection, and efficiency in the implementation of notary duties in the digital era.
Accountability of Notaries in Issuing Covernotes Related to the Implementation of Credit Agreements at Banks Budianto, Ari; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The form of notary liability for the issuance of notary covernotes used in the process of credit agreements at Bank BPD SULTRA, 2) Legal consequences for the issuance of notary covernotes used in implementing credit agreements at Bank BPD Sultra. The use of research methods is qualitative research through a sociological juridical approach and research specifications in the form of descriptive analysis. The type of data used is primary data derived from interviews and documentation, secondary data through library research, the data analysis method used is descriptive qualitative data analysis. The results of this study conclude that: 1) Notaries must keep their promises based on the cover notes issued, the emergence of problems in the covernote causes the notary to be held accountable by resolving the problem, even though there are no administrative sanctions in accordance with UUJN because covernotes are not regulated in the law, the notary still has a social burden to bear because he is considered negligent in his obligations and the loss of public trust in the notary said, as a form of responsibility the notary will issue an extension cover note to ask for an extension of time in resolving the problem. 2) The legal consequences arising from unresolved covernotes and causing losses to related parties will rely on several points, namely: a notary may be subject to professional responsibility, including the obligation to compensate for losses incurred, A notary may be subject to disciplinary action by the supervisory body or authorized notary institution in the form of a warning, reprimand, or revocation of a notary's license to practice lawsuits which may include demands for compensation, cancellation of transactions, or other legal actions deemed appropriate for the losses suffered.
The Role of Notary in Interbank Credit Take Over Putri, Ristien Gita Eka; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Credit Take Over is the provision of credit facilities by banks/non-banks with the aim of paying off the debtor's debt obligations at a particular bank accompanied by taking over the collateral to serve as collateral for the provision of credit facilities. In practice, loans that are guaranteed by collateral are often carried out by take over. This study aims to determine the regulation of the role of a Notary in interbank credit take over and to know and understand the implementation of the role of a Notary in interbank credit take over. The type of research used is to use empirical juridical methods with the nature of descriptive analysis research. The implementation of this method is to collect data from various literature and legal theory as well as about the role of a Notary in taking over interbank credit. The results of the study show that, according to UUJN No. 2 of 2014 Article 1. Notaries in carrying out their duties and authorities must comply with the regulations in UUJN or Government Regulations regarding Notaries, and must obey and adhere to what is the Notary's code of ethics. The role of a Notary in making authentic deeds, especially those related to authentic Deeds of taking over credit, is an effort to provide legal certainty to the parties. This is where the role of the Notary is in realizing the precautionary principle so that problems do not occur in the future which can harm the parties to the deed, as well as harm the Notary himself. Keywords: Credit; Notary; Take Over.
Urgency of Changing the Notary Law as a Form of Legal Protection for Notaries and Their Clients Aqil, Muhammad Zumri; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract.This study aims to analyze: 1) The legal force of the Notary Law in providing legal protection for notaries and their clients at this time. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients. This type of research is included in the scope of normative legal researcp. This type of research is normative legal researcp. The approach method in this study is the Legislation approach (statue approach). The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the Notary Law in providing legal protection for notaries and their clients at this time, namely Protection for notaries is reflected in the regulation of authority in Article 15, the summons mechanism in Article 66, and supervision through the Notary Supervisory Board as regulated in Articles 67–81. Meanwhile, clients receive legal guarantees through Article 16 which affirms the independence of notaries, Article 54 which regulates the confidentiality of deeds, and Articles 84–85 which give clients the right to claim compensation in the event of a violation. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients, namely one change needed is strengthening the mechanism for summoning notaries by law enforcement officers in Article 66, by setting a time limit for the Notary Honorary Council (MKN) to provide approval to prevent potential abuse of authority. In addition, Article 15 needs to be updated to accommodate the legality of electronic deeds, so that notaries can adapt to technological developments and provide more efficient services. In order to ensure transparency and certainty for clients, Article 16 must regulate the obligation of notaries to include a list of official fees, so as to prevent illegal levies that can harm users of notary services. In terms of law enforcement, Article 85 needs to be strengthened with stricter sanctions, such as the implementation of administrative fines and a blacklist system for notaries who are proven to have committed serious violations. Keywords: Client; Legal Protection, Notary; UUJN. 
The Position of Inheritance of Children from Marriages Which Not Recorded in the Conception of Legal Certainty Novita, Puteri Mela; Bawono, Bambang Tri; Hafidz, Jawade
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the inheritance position of children from marriages that are not registered in the conception of legal certainty, analyze legal protection for children from unregistered marriages and analyze examples of certificates of inheritance rights. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required included secondary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research, it is concluded that the position of inheritance of children from marriages that are not registered according to the Marriage Act is only obtained from the mother and her mother's family, on the position of inheritance if the child is recognized by the father as his biological parent then he is entitled to the position of inheritance. In principle, children from marriages are not registered with the decision of the Constitutional Court Number 46/PUU-VIII/2010, children from marriages are not registered to obtain legal certainty of their civil rights. Legal protection for children from marriages is not recorded. Legal efforts can be taken so that a child born from a marriage that is not registered obtains a position as a legal child for a Muslim couple by applying for Marriage Istbat to the Religious Court, so that the Religious Court legalizes the marriage, while for couples non-Muslims to register their marriage with the Civil Registry Office. So that they can issue a marriage certificate and the child from the marriage becomes a legal child and obtains legal protection.
Settlement of Credit Agreements, For Debtors Who Deceased With Life Insurance Claims (Study Putusan Mahkamah Agung Nomor: 3079 K/Pdt/2019) Aprillus Riwu, Hary Agung; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study, entitled Legal Review of Credit Settlement from Deceased Debtors with Life Insurance Claims (Study of Supreme Court Decision Number: 3079 K/Pdt/2019), this study aims to determine the implementation of credit settlement from deceased debtors with life insurance claims based on Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance and to determine the legal protection for debtors for non-payment of claims by insurance companies against credit submitted by debtors. The approach method in this research is normative juridical, namely research conducted by emphasizing applicable regulations and literature or books related to legal relations, especially regarding. Based on the research results, it can be concluded that the implementation of credit settlement from deceased debtors with life insurance claims based on the Republic of Indonesia Law Number 40 of 2014 concerning Insurance depends on the contents of the insurance agreement stated in the insurance policy itself. And based on the Republic of Indonesia Law Number 40 of 2014 concerning Insurance Article 31 Paragraphs (3) and (4) in submitting claims, insurance companies are required to handle claims and complaints through a fast, simple, easily accessible, and fair process and are prohibited from taking actions that can slow down the settlement or payment of claims, or not taking actions that should be taken so as to result in delays in the settlement or payment of claims. Legal protection for debtors for non-payment of claims by insurance companies against credit submitted by debtors is regulated in Article 70 of Law Number 40 of 2014 concerning insurance that the Financial Services Authority has the authority to impose administrative sanctions on insurance institutions that violate the provisions of laws and regulations, and matters that cannot be violated have been clearly stated one by one in Article 71 of Law Number 40 of 2014 concerning Insurance.Keywords: Credit; Death; Insurance; Life.
Co-Authors A. Saiful Aziz Achmad J Pamungkas, Achmad J Achmad Sulchan Adhitya, Bakhtiar Satria Aditya Noviyansyah Agung Widodo Agus Prasetia Wiranto Ahmad Masdar Tohari Ahmad Mujib Rohmat Ahmad Zahrial, Fadhil Ahmed Kheir Osman Al Majid, Muchammad Bachtiar Alfian, Danang Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Aprillus Riwu, Hary Agung Apromico Apromico Aqil, Muhammad Zumri Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Ariyani, Sahida Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Djunaedi Djunaedi Doni Cakra Gumilar Dwi Margono Dwi Saputra, Andy Bharata Yudha Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Ganis Vitayanty Noor Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hendy Hendariyadi Hengki Irawan Heri Mulyono Hermawan, Ecep Maman Hikmatul Mahfiyyah Huda, Indra Kusuma Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Ismi, Nur Joko Hermawan Sulistyo Kasih, Chintya Cinta Khairuddin, Muhammad Khairul Iman Susanto Khalam Faozy Kinanthi, Lembah Nurani Anjar Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Laksono, Ruananda Kharismatika Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Mahmutarom Harun Rasyid Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Norma Sari Novita, Puteri Mela Nuha, Revana Mahran Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Octaviani, Sri Ayuning Triana Rizqi Oktavianto, Heri Paruhum, Raja Toga Peni Rinda Listyawati Pertiwi, Tusi Wirahayu Prameswari, Kintan Kartika Prasetia Wiranto, Agus Prasetyo, Seno Pratidina, Merry Fitri Priyantono Priyantono Putri, Ristien Gita Eka Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Ruselia, Mawar Saddam Hussein Saija, Jovita Agustien Saputra, Muhammad Rezki Wira Sarbudin Panjaitan Satria, Moh. Pandu Putra Satria, Rifai Ermin Satyo, Bagus Khusfi Sebastian Wibisono Sefin Anggi Riyantika Septiarni Marsang, Ni Dya Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Supriyanti, Nadila Marta Suryandari, Marnita Eka Suwondo, Denny Suwono Suwono Suyatmi Suyatmi Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Tri Handayani Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wijaya, Dwi Julianto Wijaya, Eko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yansyah, Dedi Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi ZA, Arief Febriyanto Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis