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Legal Consequences of the Merger of Companies on the Implementation of Guarantee Function of Mortgage Halim Ady Kurniawan; Widhi Handoko; Jawade Hafidz; Lathifah Hanim
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.4.1.74-88

This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.

The Electronic Integrated Credit Agreement & Liability Registration Process Dinda Laras Hapsari; Ira Alia Maerani; Widhi Handoko
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.4.1.229-240

The implementation of the imposition of Mortgage Rights in a credit agreement aims to provide legal certainty and protection for all parties in utilizing land and objects related to land as credit guarantees in accordance with applicable legal regulations. In the current digital era, the Mortgage registration system has changed from conventional to electronic which is applied simultaneously without going through a transition period and adequate socialization, causing obstacles in the process. This study used a sociological juridical approach. The sociology of law approach was an approach that is used to look at legal aspects in social interactions in society, and served as a support to identify and clarify findings of non-legal materials for research purposes or legal writing. The juridical factor is based on the Regulation of the Minister of ATR/BPN Number 5 of 2020 concerning Electronically Integrated Mortgage Rights. The research problems were analyzed and solved by the Theory of the Work of Law, Agreement Theory, Theory of Islamic Justice. Based on the results of research and discussion: 1) Process of credit agreement with mortgage at a bank in the city of Tegal; 2) Electronic Integrated Mortgage registration process; 3) Constraints and solutions in Electronically Integrated Mortgage registration. The conclusion of this legal writing is that in the process of credit agreement with mortgage and the electronically integrated mortgage registration process in the city of Tegal, it is in accordance with the Minister of ATR/BPN Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services, but there are several obstacles in One of the reasons for the HT-el registration process was the lack of socialization carried out by the organizers.

Responsibilities of Notaris/PPAT in Credit Agreements & Deed on Granting of Liability Rights (APHT) When the Debtor is in Default Muhammad Hudallah; Anis Mashdurohatun; Widhi Handoko
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.4.1.48-59

This research aims to know that in the current era of industrialization, credit is something that is not far from everyday life. For the community, both wealthy and underprivileged, credit is a solution to meet the needs of people's lives such as: clothing, food, housing. One of the important credit principles is collateral. In credit activities that occur in the community, it can be noted that generally it is often required to provide credit guarantees. Credit guarantees will have several functions and one of them is securing credit repayment if the debtor is in default. Credit guarantees have an important role in securing bank refunds. The method used in this research was a sociological juridical approach. A sociological juridical approach was an approach by looking at a legal reality in society. Land is one of the immovable objects that are widely used as collateral for loan repayment. Mortgage rights over land are often used to obtain credit facilities because land has a high economic value and always increases from time to time. Land rights as collateral in agreements between creditors with the Debtor can be bound by using Mortgage Rights. The result show that the role and function of a notary/PPAT is important in assisting the government and other parties in need to provide certainty, order and legal protection in making authentic deeds and registration of Mortgage Rights until a certificate is issued by the Land Agency.

Implementation of Application of Mortgage Rights Electronically Ahmed Alfatino; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this research is to find out and analyze the implementation of mortgage rights electronically in the conception of legal certainty. To find out and analyze the effectiveness of the implementation of mortgage rights electronically. The method used by the researcher is Juridical Empirical (sociolegal research) and the specifications in this study are descriptive analytical. Based on the results of the study that Implementation of Electronic Mortgage Implementation in the Conception of Legal Certainty is that the Granting of Mortgage shall be registered at the Land Office no later than 7 (seven) working days after the signing of the Deed of Granting of Mortgage. The obligation of PPAT to register the Deed of Granting Mortgage at the latest 7 days after being signed as mentioned above has not been running properly. In its implementation, it is still experiencing difficulties caused by the lack of socialization to Registrants regarding the application of the electronic system. The Effectiveness of the Implementation of Mortgages Electronically is that with the electronic-based policy, it is very effective and efficient for all related parties, namely the Community, PPAT, Banks, and the Government in the Mortgage Registration process.

Online System Policy And Cyber Notary In Facing The Impact Of Covid-19 Ahmad Farid Bisyarohatie; Umar Ma'ruf; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to describe and explain the reasons for the implementation of the online system and Cyber Notary has not been held in relation to Legal Policy in Facing the Impact of Covid-19 on Notary Performance. Describe the obstacles faced and to provide solutions to notaries in implementing an online and cyber notary system in Facing the Impact of Covid-19 on Notary Public Performance.The approach method in this research is juridical empirical. The specification used in this research is descriptive analytical. The data analysis method was carried out qualitatively. The results of this study are the application of an online system to cyber notary in Surakarta, which still requires more in-depth dissemination of security and effectiveness in the use of online systems and cyber notaries, as well as the obstacles faced in implementing the online system and cyber notary policies in dealing with the impact of covid- 19 in the city of Surakarta, there are still conflicting rules between Article 15 UUJN and Article 16 UUJN, linked to Articles 11 and 12 of Act No. 11 of 2008 and Act No. 19 of 2016 concerning Electronic Information and Transactions (UU ITE and PUU ITE).

Roles & Responsibilities of Notaries in Making Wills According to Civil Law & Islamic Law Muhammad Badruddin; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Based on the applicable legislation, the role and responsibility of a notary from the beginning to the end of the process of making a testament act is very necessary so that it has binding legal force. This writing aims to analyze the role and responsibilities of a notary for his will and protection of a notary from the perspective of the Civil Code and Islamic Law. The research method used in this thesis is a sociological juridical research method. The analytical knife used in this study uses the theory of responsibility, the theory of authority, and the theory of legal certainty. The results of the research and discussion show that the role of a Notary in making a will according to the Civil Code is in the form of: make a Supercriptie Deed relating to an explanation of a secret will and sign the deed and keep it, keep wills, keep a will in a state of war, people who sail, or those who are in places prohibited from contact with the outside world due to illness, make a deed of appointment of the executor of the will, and make a deed of appointment of the manager of the estate of the heir. The role of the Notary in making a will according to the Compilation of Islamic Law (KHI) is in the form of making a Will Deed and making a Deed of Revocation of Will. The notary's responsibility for the will, which includes moral responsibility, ethical responsibility, and moral responsibility. Protection of notaries on wills has been regulated and stated in Article 66 of the UUJN.

Implementation of Zakat & Professional Income Tax Payments for Notaries & PPAT (Comparative Law Study of Zakat Payment System & Professional Income Tax) Ade Adriansyah; Anis Mashdurohatun; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to see the implementation of the Notary and PPAT professional zakat and Income Tax payment system, the reason is that the assisting system of implementing zakat and Income Tax of the Notary and PPAT profession has not met expectations and has not been able to eradicate poverty, ideal implementation of zakat and income tax notary and PPAT in the context of poverty alleviation. The approach method used in this research is the normative juridical method. The specification of this research is research with descriptive analytical breakdown specifications. Sources of research data are primary and secondary data. The data collection uses literature study as the main data and interviews as supporting data. The data analysis method used in this study is a qualitative method. The results of the study state that the implementation of the zakat and tax payment system in the stages of the notary profession and PPAT has not met expectations and has not been able to eliminate poverty because government and private ‘amil zakat institutions are still unable to collect large amounts of zakat funds. The reason the notary and PPAT professional zakat and tax payment systems have not met expectations and have not been able to incubate poverty are religious factors and non-religious factors. Ideally, the implementation of zakat and tax payments at the professional level of notaries and PPAT in the context of poverty alleviation, such as in Malaysia, taxes that have been deducted by each individual against a number of values that are not actually tax payments .

Notary Responsibilities in Making Authentic Deeds for Interest of Community from Progressive Law Perspective Imam Abdi Utama; Sri Kusriyah; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

A notary is a public official who is authorized to make an authentic deed as long as the making of a certain authentic deed is not reserved for other public officials. Making authentic deeds is required by laws and regulations in order to create certainty, order and legal protection. The notary's responsibility when viewed from Act No. 30 of 2004 as amended by Act No. 2 of 2014 concerning the Position of a Notary is very closely related to the duties and work of a notary. It is said so because in addition to making authentic deeds, notaries are also assigned and responsible for registering and ratifying letters/deeds made under the hand. Progressive legal knowledge possessed by a notary will also contribute to developing knowledge about notary law. The problems in this study include how the notary's responsibility in making authentic deeds for the benefit of the community is seen from the point of view of progressive law. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe a comparison of legal problems that occur in certain areas or at certain times. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.

The Legal Protection for Land Rights Holders against Different Locations of Land Objects Poni Agustin; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The importance of land ownership rights, the State in this case is represented by the National Land Agency (BPN) plays an important role in ensuring certainty and legal force for land rights holders. In the issuance of certificates, of course there are rights, checking the location of land parcels, and other procedures that must be followed. In this writing, the certificate issued by BPN experienced a discrepancy between the rights, in this case the Sale and Purchase Deed, so that the juridical data and physical data experienced differences. The existence of differences in physical and juridical data causes the certificate to be questioned for its legal certainty and strength. Efforts against the existence of administrative defects in certificates can be taken by means of, among others, administrative and judicial efforts. The problems in the research include how to protect the law for holders of land rights against differences in the location of land objects in the sale and purchase deeds and certificates, as well as about the legal consequences of these deeds and certificates. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe (describe) a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.

Responsibility of PPAT for Differences in Transaction Value with Written Price Acika Permatasari; Gunarto Gunarto; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to analyze the factors/reasons, legal consequences and PPAT's responsibility for the difference between the transaction value and the price written on the sale and purchase agreement. This research is included in sociological juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. The data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using qualitative methods. Based on the results of the study, it was found that there was a difference in the transaction value in the sale and purchase deed with the price written on the sale and purchase binding deed, namely the parties avoided high taxes. The legal consequences of PPAT related to the difference in transaction value are that the deed is null and void, the deed is degraded to a private deed and can be dishonorably dismissed from its position. PPAT responsibilities related to deeds include administrative responsibility, civil liability, and criminal responsibility.

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