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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum 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 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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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.
Legal Responsibility for Land Deed Officials (PPAT) for Forgery of Land Sale and Purchase Deeds as The Basis for Transfer of Land Rights (Study of Decision Number 773/Pid.B/2021/Pn Smg) Dwi Saputra, Andy Bharata Yudha; 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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The preparation of a land sale and purchase deed by a Land Deed Making Officer (PPAT) is part of the legal procedure in the process of transferring land rights, which forms the basis for the legality of the transaction. However, in practice, there are cases where PPATs are involved in falsifying land sale and purchase deeds, which can be detrimental to the parties involved. This study aims to analyze the legal responsibility of PPATs regarding falsification of land sale and purchase deeds as the basis for transferring land rights, with a focus on the case study of Decision Number 773/Pid.B/2021/PN Smg. The type of research used is normative juridical, with a case-based and statutory approach, which examines the application of law in cases of land deed forgery. This research identifies legal violations committed by Land Deed Officials (PPAT) in falsifying land sale and purchase deeds and their impact on the transfer of land rights. Based on the analysis, it can be concluded that the actions of Land Deed Officials (PPAT) who falsify authentic deeds can be held accountable under civil, criminal, and administrative law. PPATs can be sued for compensation, subject to criminal sanctions under the Criminal Code, and administrative sanctions such as warnings or dismissal. A forged deed can give rise to disputes that can be brought to court, with claims for compensation under Article 1320 of the Civil Code, as in the case of Semarang District Court Decision Number 773/Pid.B/2021/PN.Smg which annulled a land sale and purchase deed due to signature forgery.
Cancellation of the Deed of Statement of Decision of the GMS of PT Based on the Decision of the Kendari District Court (Number 83/Pdt.G/2020/Pn Kdi) Septiarni Marsang, Ni Dya; Hafidz, Jawade
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. This study aims to determine and analyze the basis for the judge's considerations in decision number 83/Pdt.G/2020/PN. Kdi, to determine and analyze the validity of the deed of statement of decision of the extraordinary general meeting of shareholders of a limited liability company based on the decision of the Kendari District Court number 83/Pdt.G/2020/PN. Kdi, to determine and analyze the notary's responsibility for the cancellation of the deed of statement of decision of the extraordinary general meeting of shareholders of a limited liability company based on the decision of the Kendari District Court number 83/Pdt.G/2020/PN. Kdi. The approach method in this study is the statute approach. This type of research is a normative juridical research. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of this study indicate that they have never received an invitation to attend the EGMS and have not given power of attorney to other parties to represent them in attending the EGMS. The cancellation is also based on the provisions of Article 79 paragraph (2) and paragraph (3) of the PT Law, as well as the existence of unlawful acts (Onrechtmatige Daad) committed by the defendants and co-defendants which caused losses to the plaintiffs, in accordance with Article 1365 of the Civil Code. The holding of the EGMS of PT Tomia Mitra Sejahtera by Defendant 1 is considered invalid because it is contrary to the provisions stipulated in the Limited Liability Company Law (UUPT) and contains legal defects in its implementation. The actions of the Co-Defendant, in this case the notary, are considered unlawful acts by the court decision which fulfills the elements of Article 1365 of the Civil Code, which causes losses to the Plaintiff. However, in the decision, the notary is not charged with paying compensation because in making the Deed of Statement of Decisions of the Company's General Meeting of Shareholders, the notary is only responsible for the formal form of the deed, considering that the notary was not present in person at the GMS. Therefore, the notary is not responsible for the contents contained in the deed. The validity of the material or contents of the deed is the responsibility of the party organizing the EGMS and making decisions at the meeting, namely Defendant 1.Keywords: Cancellation; Company; Liability; Limited.
The Settlement of Non-Definite Loans through the Execution of Collateral Rights Pertiwi, Tusi Wirahayu; 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 objective of this study is to discover and analyze the Settlement of Bad Credit Through Executing Mortgage Guarantees at PT BPR Gunung Rizki in the city of Semarang, as well as to discover and analyze the obstacles faced in setting up bad loans through executing mortgage guarantees, as well as how to overcome the obstacles encountered in Settlement of bad debts through the execution of collateral rights. The research method used in this thesis is a sociological juridical legal research method, and the research specification employs descriptive analysis. The primary data used in this study is the 1945 Constitution, Act No. 4 of 1996, Mortgage law, Civil Code (KUHPerdata), Criminal Code (KUHP), and secondary data containing books and other supporting documents collecting research data by interview techniques and study of documents or library materials. The data analysis method used in this study is an interactive qualitative model as proposed by Miles and Huberman. The results of the study show that the settlement of bad loans through the execution of mortgage guarantees at the bank has procedures, terms and conditions from the time the debtor submits a credit application until the credit that has been given by the bank is paid off. Settlement of bad debts through the execution of mortgage guarantees is regulated in Act No. 4 of 1996 concerning the Mortgage Act (UUHT).Keywords: Credits; Execution; Guarantees; Mortgage; Right.
Authority of a Notary in Legalizing the Establishment of a Limited Liability Company After the Job Creation Law Was Passed Saputra, Muhammad Rezki Wira; Hafidz, Jawade
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 legal basis for Limited Liability Companies in Indonesia has changed with the enactment of Law No. 6 of 2023 concerning Job Creation which replaced Law No. 40 of 2007. Capital partnership businesses and limited liability companies are now two parts of limited liability companies. As a result of these changes, this research aims to examine the authority of notaries in validating the establishment of limited liability companies after the ratification of Law No. 6 of 2023 concerning Job Creation. This research uses a normative juridical approach method through literature study techniques. Based on research findings, the presence of a notary is still needed when a company must change its legal status to a capital partnership company after the Job Creation Law is passed. This situation arises if the number of shareholders exceeds one person and/or the company no longer meets the criteria as a Micro and Small Enterprise. Before an individual company can change its status to a capital partnership company, this status transition must be carried out through a notarial deed and then registered electronically with the Minister.
The Covernotes Notary or Settlement of Liability Rights in Banking Credits Harviyana, Marisa; 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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Covernotes are usually issued by a Notary because the Notary has not completed his work relating to the requirements that have not been met by the parties to issue a deed. The problems in this study are: The legal basis and authority of a notary in issuing a covernote, Liability of a notary's covernote in completing the making of the Mortgage, The legal consequences that arise if the Notary fails to provide a covernote for the completion of the making of the Mortgage if the loan is bad. The purpose of this study is to know and analyze the regulation or legal basis and authority of a Notary in issuing Covernotes, to know and to analyze the responsibilities of a Notary to Covernotes in completing the making of Mortgage Rights. The research method used is normative juridical, research specifications are analytical descriptive. Data sources consist of primary, secondary, tertiary legal materials. Data collection was carried out by means of a literature study. Presentation of data presented in a narrative. Juridical-qualitative data analysis. Based on the results of the conclusion that Covernote is not regulated in legislation or positive law in Indonesia. Publishing and drawing up covernotes by a notary has no legal basis. The notary's responsibility for the covernote made in granting credit by the bank is limited only to the covernote made by the notary which has expired. Legal consequences for the Notary if he fails to carry out the covernote, the Notary can be held accountable for completing it immediately. Suggestions from the conclusion that it is necessary to have arrangements in making covernotes, such as regulating the formation procedures, conditions that must be met until publication into the Notary Office Act. Notaries are more careful in carrying out their duties, especially in issuing covernotes.Keywords: Banking; Covernote; Mortgage; Notary.
Legal Analysis of Mastery and Ownership of Land Rights Arise in Rembang Regency Laksono, Ruananda Kharismatika; Hasana, Dahniarti; 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 determine the mechanism for acquiring land rights to land in Rembang, Pasar Baggi Village, and how the law is enforced over the ownership of the emerging land. The research method used is sociological juridical research. namely a legal research carried out by looking at aspects of the application of the law itself in society, or a study of community behavior that arises as a result of interacting with the existing system of norms. This research uses an empirical approach and a statutory approach. Research data used in this study are primary data and secondary data. The data collection technique is by conducting direct interviews with sources in the field and document studies. The results of this study indicate that the mechanism for obtaining land rights arising in Rembang Regency is still based on local customary law/customs. This is proven because there are no people who have permission directly from the authorized government apparatus, namely the Rembang District Land Office. According to legal provisions in a formal juridical manner, in principle, the steps that must be taken to obtain land rights are the same as applications for state land rights in general, but for land arising on the coast, you must see regulations relating to land tenure in coastal areas and spatial plans. So far the Rembang Regency Land Office has not conducted an inventory of emerging land as mandated in the Circular of the Minister of Agrarian Affairs/Head of National Land Agency Number 410-1923 concerning Controlling the Status of Emerging Land and Reclamation. Meanwhile, the people who control the emerging land have not yet reported the emerging land they control. This shows that the government and the local community have not fully implemented the applicable laws and regulations, so that it can be said that the law enforcement of emerging land tenure in Rembang Regency has not run optimally. Keywords: Acquisition; Agrarian; Land.
Responsibilities of Land Deed Drafting Officials (PPAT) for Land Sale and Purchase Deeds that are Canceled with a Sale and Purchase Deed Widyastuti, Tri; Hafidz, Jawade
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 background for writing this thesis is that the sale and purchase of land is a legal act in the form of surrendering land rights to another party forever (the right to the land is transferred to the party receiving the surrender), this is stated in Article 20 paragraph (2), Article 28 paragraph (3), and Article 35 paragraph (3) of Law Number 5 of 1960 concerning Basic Agrarian Regulations which states that property rights, building use rights can be transferred and transferred. Property rights and building use rights can be transferred by deed made by PPAT. Authority Land Deed Making Officer is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to flat units. Then in the Explanation to Article 45 of Government Regulation number 24 of 1997 concerning Land Registration it is also emphasized that the PPAT Deed is a tool to prove that a legal act has been carried out. The research in writing this thesis is a qualitative research. This research is field research or empirical research with a sociological approach. Characteristics of socio-legal research methods. Socio-legal research is carried out by researching in the field (field research) by interviewing respondents which is primary data and examining library materials which are secondary data and is also called library research. This research aims to analyze or explain the responsibilities of Land Deed Drafting Officials (PPAT) regarding land sale and purchase deeds that are canceled by Sale and Purchase Deeds. The legal action is annulled or annulled, the relevant PPAT deed no longer functions as evidence of the legal action. Therefore, a legal action is canceled by the parties concerned, even though the legal action has been registered at the Land Office, the registration cannot be cancelled. There are two main problems in writing this thesis, namely: What are the legal consequences of the sale and purchase deed made before the Land Deed Making Officer during the registration process at the Agrarian and Spatial Planning/National Land Agency office which is canceled by the sale and purchase deed and the responsibility of the Notary regarding the Sale Deed Purchase that was canceled with a Deed of Sale and Purchase. The results of this thesis research explain how the process of buying and selling land, payments and calculating SSPD BPHTB, is implemented.
Legal Aspects of Cooperation Agreements with the Right to Buy Back Shares Accompanied by a Power of Attorney to Sell Under Hand sholikah, Dianita Imroatus; 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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Limited liability companies often require additional capital for business development, one solution is to enter into a cooperation agreement with investors through a share return mechanism. The cooperation agreement is made accompanied by a temporary transfer of shares to a second party, with a provision for the first party to repurchase the shares after the cooperation period ends, a practice like this is commonly found in the environment of closed limited liability companies. In this practice, it is also generally accompanied by the granting of a power of attorney to sell from the second party to the first party as a form of guarantee for the implementation of the share return. This study aims to examine the legal aspects of the cooperation agreement, assess the validity of the power of attorney to sell in transferring shares back to the original party, and analyze this practice based on the theory of legal certainty and utility. The research method used is a normative juridical method with a statutory and conceptual approach. Based on the research results, cooperation agreements containing share repurchase clauses are essentially valid under civil law as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. However, the use of an irrevocable power of attorney to sell privately for the purpose of returning shares raises potential legal issues and opens up room for legal uncertainty in their implementation. From a utility theory perspective, this can provide efficiency and practical benefits for the parties, provided that the rights and obligations of the parties are clearly regulated and there is balanced legal protection.
The Efforts to Completion of Contract Restructuring Due to Covid-19 Ismi, Nur; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 1 (2023): January 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 form of settlement by the BankonFinancing Facility Due to COVID-19; To find out and analyze the Recruitment Contract Settlement Technique for the Impact of Covid-19; as well as to find out and analyze the Obstacles and Solutions to Settlement of Restructuring Contracts Impact of COVID-19.The type of research used is empirical normative research. The research uses qualitative analysis, which is a method of research that produces descriptive analytical data, which are stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Primary data is data obtained from practices that occur and secondary data is carried out by means of tertiary legal material literature research. Collecting data in this study by means of observation and interviews. Based on the research it was concluded that ppotential customers unable to pay onBankdue to impactthe spread of COVID-19, but this impact has been anticipated by the Regulation of the Financial Services Authority of the Republic of Indonesia Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019 (COVID-19), where POJK provides an opportunity to restructure financing by taking into account the criteria that the specified customers are customers affected by the spread of COVID-19 and paying attention to the sectors affected by the spread of COVID-19.Completion of Impact Restructuring AgreementCOVID-19as follows: Rescheduling; Reconditioning; and Restructuring. Basically, there are 2 constraints that occur in the settlement of troubled financing at the Bank, namely First, Delays in customers completing administrative requirements for online verification. Second, the obstacle in verifying document requirements is when a customer is dishonest in reporting economic conditions after being affected by a virus outbreakCOVID-19. Keywords: Bank; Contract; Restructuring.
Co-Authors Achmad Arifulloh, Achmad 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 Ayuning Maharanti, Resa Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Chaidar, Muhammad 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 Fatihah, Istinur Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hemas Mardikawati, Trisakti 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 Maharanti, Resa Ayuning Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Aswin Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Nirwana, Erza Aulia Norma Sari Novita, Puteri Mela Nuha, Revana Mahran Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti nuryana nuryana, nuryana 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 Ritza Aurelia, Tsabita Rizky Adi Prinandito Robertus David Mahendra Saputra Rohman, Idris Rois Harliyanto Romiz Rizqullah, Fakhri Ruselia, Mawar Saddam Hussein Sahroni Sofyan, Yusuf 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 Setiawan Budiman, Puja Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sofyan, Yusuf Sahroni 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 Taufani, Rizki Teguh Anindito Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah Widayati Widayati Widhi Handoko Widyasari, Andini 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