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Journal : Jurnal Konstatering

Compensation For Land Procurement For Klonengan Fly Over (FO) Development Project Khoirunnisa, Nurizka Tiffany; Arpangi, Arpangi; Widayati, Widayati
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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Abstract

Compensation for land acquisition has often been found in various areas where land has been affected by development projects for the public interest. One of the cases that occurred was in the Margasari area, Tegal Regency. The construction of the Fly Over project with Decision Number 05/Pdt.G/2017/PN.SLW which occurred on the Tegal-Pemalang-Pekalongan road section caused several problems, one of which was where the profit compensation was deemed unfair, so a lawsuit was filed in court. This study used a Juridical Empirical approach, by comparing the laws and regulations relating to disputes related to land acquisition for the public interest with practices that occur in the field through Decision Number 05/Pdt.G/2017/PN.SLW. Based on the results of research and discussion: 1) The land acquisition process carried out by the land acquisition committee in resolving disputes; 2) Achievement of the value of justice for communities affected by the Fly Over development project by comparing it with existing theories; 3) Implementation of compensation for land acquisition in accordance with the value of justice by comparing it with the principles contained in Act No. 2 of 2012. The conclusion from the writing of this law is that the compensation provided by the Government is fair and in accordance with existing and applicable regulations.
Implementation of Administrative Sanctions Against Notaries for Formal Negligence in Making Authentic Deeds Chairil, Chairil; widayati, widayati
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 examine the form of formal negligence committed by the Notary WP in making the Deed of Lease Agreement Number 97 of 2021, analyze the application of administrative sanctions by the Notary Supervisory Board, and evaluate the legal consequences of issuing a copy of the deed based on the minutes that were not signed by all parties. This study uses a normative and empirical legal approach. Data were obtained through literature studies, legal documentation, and interviews with the Notary and the Kolaka Regional Supervisory Board. Based on the results of the study, it was found that the Notary issued a copy of the deed without a complete signature on the minutes, which is a violation of Article 44 paragraph (5) of the Notary Law. Administrative sanctions in the form of temporary suspension for three months were imposed by the Central Supervisory Board as a form of guidance. Legally, the deed no longer has the force of an authentic deed and only stands as a deed underhand, which can create legal uncertainty and reduce the credibility of the Notary.
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council Rizqi, Adella Fania; Arifulloh, Achmad; Widayati, Widayati
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

Abstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens.
Effectiveness of the Supervisory Board of Notaries (Mpdn) Supervisory Board Supervisory Board (Mpdn) on Violations of the Code of Ethics for the Notaries Office in Pandeglang Regency Haq, Fazal; Widayati, Widayati
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

Supervision by the Regional Notary Supervisory Council (MPDN) is not only the implementation of the duties and positions of Notaries to comply with the provisions of the Notary Law, but also supervision of the behavior of Notaries that can harm the dignity of the Notary's position. This study aims to determine and analyze the Effectiveness of MPDN Supervision of Violations of the Notary Code of Ethics in Pandeglang Regency; and to determine and analyze the obstacles and solutions in MPDN Supervision of the implementation of the duties and positions of Notaries in Pandeglang Regency. The approach method used in this study is empirical legal research using primary data as the main data and secondary data as library data. This study uses a qualitative analysis approach. Based on the research results, it can be seen that MPDN is still not effective in supervising Notaries in Pendeglang Regency in carrying out their duties and authorities. In its implementation, related to the authority of MPDN to receive reports, MPDN then holds a hearing to examine any alleged violations of the implementation of the notary's position, but MPDN is not given the authority to impose any sanctions. MPDN is only authorized to report the results of the hearing and examination to the Notary Regional Supervisory Board (MPWN) with a copy to the reporting party, the notary concerned, the Central Supervisory Board, and the notary organization.Keywords: Notary; Position; Supervisory; Violations
Legal Review of The Role and Implementation of The Obligations of Notaries in Changing The Articles of Association of Limited Liability Companies Prasetiyo, Yon Rizeki Eko; Widayati, Widayati
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 role of notaries in the process of changing the articles of association of limited liability companies and to determine and analyze the legal consequences of the role of notaries in changing the articles of association of limited liability companies. The approach method in this study is the sociological legal approach method. The research specifications used are analytical descriptive research. The type of data uses primary and secondary data. The results of the research and discussion in this study are: The role of notaries in the process of changing the Articles of Association of Limited Liability Companies (PT) is very important, because notaries are responsible for ensuring that the changes are made in accordance with applicable legal provisions. Notaries play a role in preparing and witnessing the signing of the deed of change to the Articles of Association by shareholders, as well as ensuring that the necessary procedures, such as approval of the General Meeting of Shareholders (GMS), have been carried out correctly. In addition, notaries are also required to ratify the changes and register them with the Ministry of Law and Human Rights (Kemenkumham) to obtain ratification and a legal number. Thus, notaries ensure that changes to the Articles of Association of PT are valid and legally recognized. Furthermore, for the second discussion, Notaries also play a role in the process of changing the articles of association of a PT, such as: Making a notarial deed, Ensuring business capital and shares, Ensuring the company's organs, Submitting an application for approval from the Minister of Law and Human Rights, Providing legal counseling. The existence of a Notary is inseparable from the requirements stating that a Notary is someone whose data can be trusted, relied on, and whose stamp and sign provide evidence and guarantees that are of sufficient value. Based on this description, for each change to the Company's Articles of Association, a Notary must make a deed of amendment to the Articles of Association, where this deed is another deed that contains changes to the previous Articles of Association.
The Role of the National Land Agency in the Complete Systematic Land Registration (PTSL) Program Halimah, Siti; Widayati, Widayati
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

This study aims to analyze: 1) The role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) 2) Complete Systematic Land Registration Process (PTSL). The approach method used in this research 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) The role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) is to disseminate to the public about PTSL as well as being the implementing party for PTSL which includes PTSL planning activities, determining locations, preparing facilities and infrastructure , collecting physical and juridical data, conducting research on juridical data to prove rights, making announcements of physical and juridical data and validation, namely the issuance of land certificates. The role of the Pangandaran Regency Land Office is an authority that is obtained by attribution, namely from Legislation. 2) The Complete Systematic Land Registration (PTSL) process starts from the planning, location determination, preparation, formation and determination of the PTSL adjudication committee and task force, counseling, physical and juridical data collection, juridical data research, physical and juridical data announcement data as well as validation, bookkeeping of rights until, issuance and delivery of certificates are carried out based on statutory regulations. Keywords: Agencies; Land; Roles.
The Juridical Implications of Changing the Function of Paddy Field Land to Residential Land Larasati, Ayumi; Widayati, Widayati
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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Indonesia is an agricultural country where agriculture is the main commodity as a producer of national food. Most Indonesian people still depend on the agricultural sector. Land is the main factor in the world of agriculture. As an agricultural country, Indonesia absorbs the largest number of workers in the agricultural sector compared to other economic sectors. The challenge in the agricultural sector is that there is less and less agricultural land because it has been eroded by human economic activities, especially changing its function to become a settlement. The conversion of paddy fields in Songgom District, Brebes Regency has experienced a significant increase. The purpose of this study aims to determine and analyze the process of converting land functions into residential land and the juridical implications of changing the function of paddy fields into residential land. The approach method in this study is a sociological juridical approach with research specifications used descriptive analysis. Where the author uses primary data sources obtained through interviews and secondary data obtained from the literature and then analyzed descriptively qualitatively. Based on the research, it was concluded that the process of transferring land use went through several stages starting from checking the spatial data zone whether it entered the yellow zone, which means it is normally converted, or the green zone, which means it cannot be converted because it is in an LSD area. If the yellow zone is included in the LSD zone area, it must be excreted from the LSD to the Regent, then make an application through the DPSDAPR office, after PERTEK exits, proceed with submitting an application for approval to the DPMPTSP/MPP office, then it will be returned to BPN to record changes in land use. Furthermore, it can only be sold/ready to be converted. The legal consequences of the conversion of agricultural land into a residential area for the perpetrators of land conversion that deviate from the rules, are regulated in Article 72 of Law Number 41 of 2009 concerning Sustainable Food Land: a. Individuals who change the function of sustainable food agricultural land as referred to in Article 44 paragraph (1) shall be subject to imprisonment for a maximum of 5 (five) years and a fine of up to IDR 1,000,000,000.00 (one billion rupiah), b. Individuals who do not carry out the obligation to restore the condition of sustainable food agricultural land to its original state as referred to in Article 50 paragraph (2) and Article 51 shall be punished with imprisonment for a maximum of 3 (three) years and a fine of up to IDR 3,000,000,000.00 (three billion rupiahs), c. In the event that the acts referred to in paragraphs (1) and (2) are committed by a government official, the penalty shall be added to 1/3 (one-third) of the penalty imposed.Keywords:  Field; Housing; Juridical; Land.