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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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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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Abstract

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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Abstract

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.
The Roles and Responsibilities of Land Deed Officials in the Registration of Transfer of Land Rights as a Result of Sale and Purchase Ahmad Zahrial, Fadhil; 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 explain the roles and responsibilities of the PPAT in registering the transfer of land rights as a result of buying and selling in Blora Regency, and to identify and explain the obstacles encountered in carrying out the registration of transfer of land rights as a result of buying and selling in Blora Regency. as well as the solution. The method used is a juridical-sociological approach, with descriptive analytical research specifications. The types of research data include primary legal materials, secondary legal materials, and tertiary legal materials. The analytical method used in this study is a qualitative analysis method. Based on the results of the study it was concluded that the responsibilities of the Land Deed Making Officer (PPAT), namely in making and issuing Deeds of Transfer of Land Rights, must comply with the provisions of the applicable regulations. Obstacles in registering the transfer of land rights include incomplete paperwork, disputes with neighbours, lands for sale and purchase that have not been registered, the community is reluctant to certify the transfer of rights over their land. The solution to overcome the obstacles that occur during the implementation of the transfer of land rights in Blora Regency. Explains that, checks and examines the files, records them in the filling form, gives a receipt for the application files, and gives the applicant to complete the files through a notification letter. At the time of measurement there is a difference in the size of the land object in the certificate, it is better to report back to the BPN for re-checking. The land office organizes a mass certification program, especially for the less fortunate, so that the need for certificates can be met in a fair manner. Keywords: Land; Rights; Transfer.
Imposition of Land & Building Rights Acquisition Duty Taxes Dependent on Certificate of Property Rights in the Implementation of Complete Systematic Land Registration ZA, Arief Febriyanto; Hafidz, Jawade
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to find out & analyzeprocedures for the imposition of tax on the acquisition of land & building rights payable on certificates of ownership in the implementation of a complete systematic land registration, as well as to know & analyzelegal consequences of the imposition of tax on the acquisition of land & building rights owed on certificates of ownership in the implementation of a complete systematic land registration.The approach method in this research is normative law (doctrinal). Normative legal research that is more specific discusses legislation or is also called normative juridical. Based on the results of the study, it was concluded: 1) Issues with Payable PPh & BPHTB in the implementation of Complete Systematic Land Registration (PTSL) which are regulated in Article 33 of Ministerial Regulation ATR/Ka BPN Number 6 of 2018 which provides space for convenience in implementing the PTSL Program, for those who do not or have not able to pay PPh & BPHTB by making a statement of PPh & BPHTB Outstanding, the certificate of land rights can still be issued. However, provisions regarding PPh & BPHTB payable in Complete Systematic Land Registration activities still require separate arrangements, especially regarding the billing mechanism & payment time that must be made by PTSL participants; 2)The provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, vertically, contradict the provisions of Articles 3 & 7 PP Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009. Legal consequences of the provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, namely causing legal uncertainty, legal injustice, & not fulfilling the legal force of land rights certificates as a strong means of proof. Legal uncertainty occurs because there is dualism in regulations governing procedures for paying PPh & BPHTB as well as uncertainty regarding the payment mechanism. Legal injustice occurs due to differences in the provisions for issuing certificates between Article 33 of Permen ATR/Head of BPN Number 6 of 2018 & Articles 3 & 7 of Government Regulation Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009, because of this.Keywords: Debt; Outstanding; Tax.
The Legal Protection for Officials Making Land Deeds for Making Deeds of Sale and Purchase of Land that Causes Disputes Alfian, Danang; 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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Abstract

This study aims to analyze: 1) Responsibilities of Land Deed Officials (PPAT) for making land sale and purchase deeds that cause disputes. 2) Legal protection for Land Deed Making Officials (PPAT) for making land sale and purchase deeds that give rise to disputes. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The responsibility of the Land Deed Making Officer (PPAT) in making land sale and purchase deeds that give rise to disputes is as a witness, 2) Legal protection for the Land Deed Making Officer (PPAT) for making land sale and purchase deeds that give rise to disputes is that the PPAT can ask IPPAT for legal protection/defense efforts. PPATs who are summoned as witnesses can ask for help from professional organizations of IPPAT to get assistance during examinations and even at the central level. The legal assistance provided by IPPAT applies to PPATs who are not proven guilty. Based on the theory of legal protection, the provisions regarding the legal protection of the Official for Making Land Deeds are not regulated normatively in the Position Regulations for the Official for Making Land Deeds. Repressive legal protection for PPATs related to making Deeds that give rise to disputes can be achieved by using the right of denial. Keywords: Disputes; Protection; Purchase; Sale.
Legal Protection for Auction Winners Against Objection Lawsuits Regarding Mortgage Rights Objects for which Execution Has Been Requested (Study of Decision Number 72/Pdt.Bth/2019/PN.Kdl) Ariyani, Sahida; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the implementation of auctions and the protection of auction winners against objections related to mortgage objects that have been requested for execution (study of decision Number 72/Pdt.Bth/2019/PN.Kdl). The research method used is normative juridical. Data was obtained through documentation techniques, namely researchers collecting relevant laws and court decisions. Data analysis was carried out by data reduction, data display, and decision making. The purpose of this study was to examine the auction implementation process against objections related to mortgage objects that have been requested for execution. The results of this study are that the auction implementation has been in accordance with the Regulation of the Minister of Finance (PMK) Number 122 of 2023. The auction object that has been sold is the right of the auction winner. If the debtor still controls the auction object, the auction winner can ask the KPKNL to issue a gross minutes to vacate the auction object and ask the District Court for assistance to send a bailiff. In addition, the objections filed by the opponents to the auction winner are repressive legal protection. In decision No. 72/Pdt.Bth/2019/PN.Kdl, the panel of judges rejected the objections from Pelawan I and Pelawan II. Thus, the vacating of the auction object will continue and provide legal protection for the auction winner for the auction object that has been purchased. Thus, in this study legal protection is present to fulfill the interests of the auction winner.
The Responsibilities of Notaries Who Participated in the Crime of Certificate Embezzlement Budi, Anita Widyaningrum; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law. Keywords: Criminal; Embezzlement; Liability.
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 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 Rizky Adi Prinandito Robertus David Mahendra Saputra 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 Handayani Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah 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