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All Journal Sultan Agung Notary Law Review
Setyawati Setyawati
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Responsibility of Notary Letter Approval on Under Hands Contract Tara Jasmine; Arpangi Arpangi; Setyawati Setyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.202-220

Abstract

One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).
The Notary Role in Making a Deed of an Electronic Sale-Purchase Agreement Ragil Ridho Dewanto; Setyawati Setyawati; Arpangi Arpangi; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.148-160

Abstract

The purpose of this research is to analyze and find out: 1). The role of the Notary in making the deed of the sale and purchase agreement based on Act No. 25 of 2009 concerning Public Services. 2) Constraints and solutions in making a Notary Deed electronically. The method used in this study is the juridical-normative method, the specifications in this study are descriptive analysis, the data used are primary data and secondary data, using data collection with library studies and field studies, qualitative data analysis, problems analyzed by authority theory and legal certainty. The results of this study indicate that: 1) The role of a notary in making a deed of sale-purchase agreement based on Act No. 25 of 2009 concerning Public Services is to authenticate electronic-based documents, which authentication documents can be printed out anywhere, anytime. Notaries also play a role in providing certainty to the parties when conducting transactions completely on their own consciousness and without any coercion or threats to sign electronic-based documents. In this cyber notary, the difference is in terms of facing. So far, facing is done by being physically present but facing in relation to a cyber notary is done by using electronic media, such as teleconference or video call. 2) Obstacles and solutions in making Notary Deeds electronically, namely the absence of laws governing cyber notaries in Indonesia such as in developed countries, is an obstacle for Notaries to take one step further in order to create good, effective, efficient, and safe public services.
Responsibilities of PPATs who are Late in Registering Deeds Has Been Made to the Office of the National Land Agency Arty Retno Sari; Setyawati Setyawati
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (745.875 KB) | DOI: 10.30659/sanlar.3.4.1392-1401

Abstract

PPAT services as an authorized position are very useful for certain people, especially for people who do not understand the law. Some people who do not understand the law feel unable to handle the legal problems they face, given the limited data around the law. For quick access to PPAT-related matters, the national office must issue a receipt for submitting a registration application, for example, a deed from the PPAT and submit the file to the appropriate PPAT. This responsibility not only affects the progress of understanding or compliance with the law, but also considers the greater legal impact on PPAT's thoughts or behavior, both positive and negative. Because of the importance of evidence as a way of affirmation that can provide legal certainty and guarantee to the right holder, the making of a deed of transfer of land rights as a reason to follow land registration data through the sale and purchase of land rights must be in accordance with the timeframe previously specified in Article 40 paragraph (1) Government Regulation Number 24 of 1997 concerning Land Registration.
Co-Authors Arpangi Arpangi, Arpangi Arty Retno Sari Peni Rinda Listyawati Ragil Ridho Dewanto Tara Jasmine