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Legal Certainty of Application of Electronic Archives in Keeping Minutes of Notary Deed as Authentic Evidence Andi Muhammad Syuaib; Amin Purnawan; Akhmad Khisni
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to: to determine whether the application of the use of electronic archives for notarial deeds can provide legal certainty. The approach method in this research is normative law, the data source is obtained from literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded thatthe use of electronic archives as a minimum of a notary deed has not yet obtained a strong legal basis, so it has not guaranteed legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. The legal substance in the use of electronic archives as a minimum of notary deeds has not been fully accommodated in the UUJN with the obligation to read the deed in the presence of witnesses and failure to fulfill this requirement will result in legal sanctions for the notary. The ITE Law, which is a legal basis for notaries, also does not provide an opportunity for electronic deeds by providing restrictions on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence. The incompatibility between UUJN and the ITE Law, and the ITE Law with the UUPT regarding the authority of notaries in the use of electronic records is clearly a separate obstacle for notaries. The current legal substance has not been able to facilitate the various interests of the community. Because the substance of the law has not accommodated the interests of the community, the existing legal regulations are not able to adapt to new things that are happening in the community, resulting in no guarantee of legal certainty. The substance of the law is not yet futuristic, because the regulation of the notary's authority cannot anticipate events that may arise in the future, namely the demands of the public so that notaries are able to make deeds electronically. The legal structure that was built has not been able to encourage the implementation of electronic services by notaries properly and optimally. In addition, the legal culture of the community tends to believe more in using conventional facilities than with technology.

Problems and Implementation of Government Regulation Number 1 of 2011 Regarding the Transfer of Function of Agricultural Land to Industrial Land Abdul Kodir; Amin Purnawan; Akhmad Khisni
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 threat to disruption of food security due to rampant conversion of agricultural land is very significantagainst land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.

Juridis Analysis of Cancellation of Sale & Purchase Agreement by Heirs in Matter of Buyer/Seller Who Has Died Aksan Tudoni; Akhmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

PPJB land contains the rights and obligations of the parties who made it, so that if the matters that have been agreed in the deed of sale and purchase are violated or not fulfilled by the parties who made it then the parties are authorized to request cancellation in the agreement before the court. In practice, the sale and purchase agreement can be revoked by the heirs. The purpose of this study; to find out how the position of the Heirs' Law and legal protection to the Buyer in the case of the Sale and Purchase Agreement entered into by the Heir is canceled by the heirs and How the Laws of the Cancellation of the Sale and Purchase Agreement are Unilateral by the Heirs. The method used in this study is the Sociological Juridical method, the specification in this study is descriptive analytical, the data used is primary and secondary data, using data collection with interviews and library studies, qualitative data analysis, problems analyzed with theory, legal certainty and Authority Theory. The results of this study show that, the heirs can cancel the sale and purchase of the heirs' land if the legal conditions of the sale and purchase are not met through the court. Heirs who do not give their consent in the sale and purchase of inherited land as their right, have the right to cancel the sale and purchase of the land. If an agreement does not meet the Subjective requirements, then the agreement can be revoked. The PPJB Deed made by the Notary is basically an authentic act that will not be disputed if one party does not feel harmed, but with the content of the agreement in PPJB then the cancellation can arise a problem because one party feels harmed by the other party.The seller who is the heir has an obligation to continue the agreement, because the heirs receive the obligation from the heirs in general, in the sense of assets and passions of the heirs are the responsibility of the heirs.

Juridical Review of Income Tax Restitution (PPH) against Cancellation of Sale and Purchase Agreement Based on Government Regulation Number 34 of 2016 Alannuari Afid Amasi; Akhmad Khisni; Amin Purnawan
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 analyze: 1) The legal construction of the Sale and Purchase Binding Agreement which is the basis for the imposition of Income Tax (PPh). 2) Implementation of Sale and Purchase Agreement on Land Rights Related to the Imposition of Income Tax (PPh). 3) Procedure for Income Tax (PPh) refunds for the cancellation of the sale and purchase agreement based on Government Regulation Number 34 of 2016. The research resultsare: 1) The legal construction of the Sale and Purchase Agreement which is the basis for the imposition of Income Tax (PPh) is Income Tax Act Number 36 Of 2008 Article 4 paragraph 2 letter d. In this article, it is clearly stated that income obtained from transactions of transfer of rights to land and / or buildings may be subject to final income tax. The rate of Final Income Tax Article 4 paragraph 2 from transactions for the transfer of rights to land and / or buildings in general is 5%. Meanwhile, the tax object is the income obtained from the transaction. 2). The implementation of the sale and purchase agreement on land rights related to the imposition of income tax (PPh) must be carried out in a clear manner, namely based on the agreement of both parties, and carried out with a PPAT deed, in this case a sale and purchase deed (AJB), after the requirements both material and formal have been met. 3. The Income Tax (PPh) restitution procedure for the cancellation of the sale and purchase agreement based on Government Regulation Number 34 of 2016, namely reporting, document verification, administrative research.The consequences of administrative sanctions in the form of an increase of 100% from the basis of tax determination if based on the results of the examination found a lack of tax payments.

Research on Inheritance for Children from Sirri Marriage Based on the Compilation of Islamic Law Nabilla Ayu Suraya; Akhmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Sirri marriage is a marriage that is carried out by a couple without notification (registered) at the Office of Religious Affairs (KUA), but this marriage has fulfilled the elements of marriage in Islam, which includes two brides, two witnesses, a guardian, consent, and also the dowry. This marriage Sirri is legal according to religion, but not according to positive law (state law). Inheritance right is a law that regulates that the inheritance of a person who has passed away is given to those who are entitled, such as families and communities who are more entitled. Meanwhile, the inheritance rights obtained by the child resulting from the Sirri marriage can only be obtained from the mother, unless the biological father recognizes and grants the inheritance right which is called wajibat. The research method used is the normative juridical approach, the specification of research by means of an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and legislation related to this research, the data used are primary data and secondary which consists of primary legal materials and secondary legal materials, the data collection techniques used are through library research and field studies. Based on the results of the research, it can be concluded that first, the construction of inheritance rights for children resulting from Sirri marriages based on the Marriage Law, and KHI, children resulting from Sirri marriages only receive inheritance rights in the form of compulsory wills, according to Article 862 to Article 866 of the Civil Code states if the deceased leaves legal descendants, then outside wed children get 1/3 of the share that should be received if they are legitimate children (Article 863 of the Civil Code), inheritance only applies to children outside wedlock who are recognized by the father and/or mother if they are not recognized from father/mother, outside children do not have the right to inherit. Second, the legal consequence of Sirri marriage is that children born out of wedlock or illegitimate are not entitled to inherit from their father. Third, the judge's consideration in deciding the case Number 0177/Pdt.P/2014/PA.Jbg based on the Supreme Court decision Number 46/PUU-VIII/2012 article 43 paragraph 1, namely obtaining the right to demand education financing while according to article 1365 of the Civil Code, civil rights, lineage inheritance, guardian of marriage or any civil rights that are not included in Islamic law are not included in the relationship between father and son that occurs because of a Sirri marriage but can receive a mandatory will. Suggestions before deciding to marry Sirri please think about the many negative impacts behind a Sirri marriage.

Implementation of Sharia Financing Agreements with Fiduciary Submission of Property Rights to KSPPS BMT Al Hikmah Semesta Chandra Kurniawan; Akhmad Khisni; Aryani Witasari
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 research objective is to determine the role of the implementation of the Islamic financing agreement with the transfer of property rights in a fiduciary manner and how to solve the problem if there is default by the debtor, as well as the constraints and solutions in implementing the sharia financing agreement by means of musyarokah. The approach method uses empirical juridical. The data collection technique uses library research and field research. Data were analyzed descriptively qualitatively. The results of the study stated that the implementation of the sharia financing agreement with the transfer of property rights in fiduciary manner to the KSPPS BMT AL HIKMAH SEMESTA Jepara Regency consists of several stages, namely the application stage, checking and field inspection, making customer profiles, committee meetings, committee meeting decisions, binding, ordering goods consumers, payments to suppliers, collection of payments, and taking guarantee letters. The resolution of the problem if there is default by the debtor, namely given 3 warning letters if during 12 months of non-payment, and finally the guarantee will be auctioned if it is not immediately paid. Constraints and solutions in implementing the sharia financing agreement through musyarokah are document falsification by the customer, fictitious business, misuse of financing, the customer does not make payments or defaults on his obligations to the BMT according to the agreed time, BMT if there is default, namely stages that takes too long from reporting to the police to the District Court.

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