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Registration of Rights Transfer of Land Due to Instruction Related to Development of Collective Rights Sharing (APHB) Arrofi'atush Sholihah; Ahmad Khisni
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The results of research and discussion suggest that the transfer of rights due to inheritance occurs at the time of a person's death. In a sense, that since then the heirs became the new rights holders. As to who is the heir is stipulated in the applicable civil law. If the heirs are more than one person, and the heirs agree to appoint one of the heirs as the rights holder who will be listed in the certificate by making an inheritance certificate and an affidavit of the heirs, then by PPAT will be made APHB as the basis for the transfer of rights with the approval of all heirs. The purpose of this research is to know the process of implementing the registration of transfer of rights due to inheritance related to APHB, Legal consequences for the registration of land rights transfer due to inheritance related to APHB and the creation of APHB Deed. This study uses empirical juridical approach method with data collection techniques through primary data and secondary data. To collect primary data is done with field research using interviews. While the secondary data is obtained by reviewing primary legal materials and secondary legal materials, which are then analyzed using qualitative analysis techniques and interpreted logically and systematically which are then concluded.

Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law Muhammad Farid; Ahmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.

The Role of Notary in Making the Deed of Power of Attorney Imposing Mortgage on Land Collateral Siti Rokhmah; Ahmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to identify and analyze the role of the Notary in making the Deed of Power of Attorney for Imposing Mortgage Rights (SKMHT) on uncertified land collateral at Bank BPR Karya Remaja Indramayu Regency, along with obstacles and solutions. This study uses an empirical juridical approach and the specifications of this study use a descriptive analytical method with a qualitative approach. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of legal certainty and authority. Based on the results of the study, it was concluded that in practice the Notary made SKMHT in accordance with Article 15 UUHT to bind collateral for uncertified land to be used as collateral, and had fulfilled what was stipulated in Article 38 of the UUJN regarding the beginning of the Deed, the body of the Deed, and the closing. Deed. The obstacles faced by Notaries are a). The inhibiting factor from the Bank, namely the incomplete document, b). The Inhibiting Factor from the Debtor is the problem of the amount of fees. c). Bad credit. The solutions to overcome these obstacles are: a). Give 7 working days to complete documents from the Bank or customer. b). Negotiated costs with a Notary, c). Banks are careful in providing credit.

The Consequences of Divorce Law on Common Property under Marriage Law & KHI Aldya Khaira Almeyda; Ahmad Khisni
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.

Juridical Analysis of Cancellation of Bonding Agreements of Selling & Buying a Plan of Land Taufik Rakhman; Ahmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to determine and analyze the process of canceling the binding sale and purchase agreement for a plot of land. To find out and analyze the legal consequences of the cancellation of the binding sale and purchase agreement for a plot of land in the construction of legal certainty.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 The process of canceling the binding sale and purchase agreement for a plot of land is made by the parties to make their own cancellation deed in carrying out any legal actions, all possibilities can occur, including if the parties have agreed to cancel the previously agreed sale and purchase agreement, through a court order to cancel the agreement that is not Legal consequences can only be carried out by a judge or higher institution or competent institution, automatically canceling the agreement, then the contents of the agreement are automatically null and void by law and even considered that the agreement never existed or never occurred. Legal consequences Against the cancellation of the binding agreement on the sale and purchase of a plot of land in construction, legal certainty, namely:null and void by law, namely the non-fulfillment of objective conditions (Article 1320 of the Civil Code): a certain matter, a permissible/halal/legal cause, the agreement cannot be executed, because the agreement is not simply canceled, but cannot be implemented or forwarded to the next process, because it is still have a certain legal status.

Supervision and Guidance Implementation on Notaries by Regional Supervisory Council & Legal Consequences Annisa Mahardani Tasruddin; Ahmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to determine the implementation of Notary supervision carried out by MPD, the performance of Notaries based on the results of Notary supervision by MPD, and to find out the obstacles faced by MPD in carrying out Notary supervision in their area. The approach method in this research is normative juridical. The research specification is descriptive analytical. The data sources used in this study consist of primary data and secondary data which can be distinguished in primary legal materials, secondary legal materials, and tertiary legal materials. Collecting data in this study using the method of literature study and interviews. The data analysis technique used is the processed data which will be presented in the form of qualitative data analysis. Based on this research, it can be concluded that the Notary has the legal authority to make an authentic deed. In order to improve the quality and quantity of Notaries, a new regulation that applies to Notaries is issued, namely Act No. 30 of 2004 concerning Notary Positions (UUJN). Along with the accountability of the Notary to the community in carrying out his duties, then it must be guaranteed by the existence of a supervision and guidance. Notary supervision is carried out by involving several elements, namely experts from academics, government elements, and notary elements.

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