Ira Alia Maerani
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang

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Validity of Addendums which Made Under Hands Due to a Default on Cooperation Agreement Deed Lely Yuliana; Jawade Hafidz; Ira Alia Maerani
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.4.1.221-228

Abstract

This writing aims to find out and analyze the validity of the addendum made by the parties under the hand due to the occurrence of default of the cooperation agreement deed made before a Notary and to know and analyze the legal considerations by the judge in deciding the case number 15/Pdt.G/2016/PN.Kds. This research method uses a normative juridical approach, which is an approach using secondary data as the main data. Secondary data is data obtained by conducting library research. The results of this study indicate that basically in an agreement it is allowed to add an addendum on the condition that the parties agree, this is because in the addition of an addendum to add, changing or eliminating something in the agreement is always related to the main agreement, as stipulated in Article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The main key to an addendum is the agreement of the parties in accordance with Article 1320 of the Civil Code. 
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

Abstract

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.
The Notary Role in Making Working Contract of Pharmacy with Capital Owner Ahmad Mufti Damara; Umar Ma'ruf; Sri Kusriyah; Ira Alia Maerani
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.4.1.174-191

Abstract

A notary is a public official in charge of representing the state and is a profession, so that a notary gains the trust of both the government and the public. The value of this trust which is owned by a notary as a public official is not only obtained because of the law in making authentic deeds. This study wants to answer the problem of how the role of a notary in making a pharmacist work contract with the owner of capital for a dispensary in Grobogan district, how the constraints and solutions for the role of a notary in making a pharmacist work contract for a pharmacist in Grobogan district. The approach method used is sociological juridical, analytical descriptive research specifications. The data used are primary and secondary data, the data is accessed qualitatively and research problems are analyzed using the theory of legal protection and the theory of legal certainty. Based on the results of the study, it can be concluded (1) the role of a notary in making a work contract is that a notary has the authority to make an authentic deed regarding all agreements, and provisions required by legislation and/or desired by the interested parties to be stated in an authentic deed.
The Comparison of Supervision of Notaries and Land Deed Making Officials Sulthon Faiz Saifuddin; Ira Alia Maerani
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 (759.335 KB) | DOI: 10.30659/sanlar.3.4.1274-1285

Abstract

Notaries and Land Deed Making Officials are public officials who are given the task, obligation and authority to make authentic deeds and are usually held by one person. Supervision of notaries and Land Deed Making Officials is a must because mistakes or omissions often occur during carrying out their positions. The author in this study tries to compare the supervision carried out on the notary and the Land Deed Making Officer with the aim of knowing the advantages and disadvantages of each supervisor based on the theory of supervision. This research is a normative juridical research by examining secondary data which is analyzed deductively. There are two legal theories used in this research, namely the theory of state power and the theory of supervision. The results showed that the supervision of the notary was carried out by two supervisory institutions, namely the Supervisory Council and the Honorary Council, while the supervision of the Land Deed Making Officer was carried out by two institutions, namely, the Supervisory Council and the Supervisor of the Land Deed Making Officer and the Association Honorary Council. Comparison of supervision between supervisory institutions is focused on four things, namely the form of supervision, type of supervision, supervisory mechanism and authority & scope of supervision. Based on these four things, the Supervisory Board is the best supervisory agency, while the other three supervisory institutions need to be improved through changes or additions to their legal rules.
Implications of Falsifying Authentic Data in Deed of Sale & Purchase on Certificate of Building Use Rights (SHGB) Teguh Eko Saputro; Ira Alia Maerani; Taufan Fajar Riyanto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 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 (882.905 KB) | DOI: 10.30659/sanlar.3.3.893-931

Abstract

PPAT is a public official who is given the authority to make deeds as evidence that certain legal actions regarding land rights have been carried out in court. One type of deed made before the PPAT is the deed of sale and purchase (AJB). AJB made before PPAT is a formulation of the will of the parties contained in it. The notary is required to be responsible for the deed he has made, sometimes the deed made before the notary contains false information, fraud and even untruth and is often subject to Articles 263, 264, and 266 in conjunction with Article 55 of the Criminal Code. However, if it is found that there are violations committed by PPAT criminally, criminal sanctions can be imposed according to the Criminal Code. This research was conducted through a normative juridical approach, namely an approach to problems formulated by studying the provisions of laws and regulations relating to problems and comparing them with the application of laws and regulations. Data analysis was carried out by collecting primary and secondary data. Data analysis was evaluated qualitatively using interpretation and legal logic so as to obtain or strengthen an existing picture to answer problems based on laws and regulations using a deductive method. The results of this study indicate that the legal implications of falsifying authentic data on sale and purchase deeds made by PPAT are that the deed only has legal force as an underhand deed and the authentic deed can be canceled if the party claiming can prove it in court in court. The responsibility of PPAT who commits falsification of authentic data in making a deed of sale and purchase, can be held accountable before the law because his actions cause harm to others. In this case the forgery of the deed committed by the PPAT/Notary San Smith in a criminal manner, criminal sanctions can be imposed in accordance with the Criminal Code (KUHP), namely Article 266 Paragraph (1) in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code with threats participated in entering false information and there were losses resulting from a forged deed, so that PPAT San Smith was sentenced to 1 year in prison in the Medan District Court Decision No. 3036/Pid.B/2009/PN.Mdn. Efforts are being made to overcome the problem of falsifying authentic data on the sale and purchase deeds made by PPAT, namely providing legal protection with the following steps: (a) formulating specific rules regarding the limitations of notary criminal liability in UUJN.