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The Role of Notaries in Making Agreements for the Sharing of Joint Assets for Supplies who will Divorce without a Marriage Agreement Desi Arisandi; Andri Winjaya L; Dini Amalia Fitri
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 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.4.2.487-497

Abstract

Property as a life support for the bride and groom in the marriage bond. Where the property is obtained before the marriage (innate property) and obtained during the marriage (joint property). If the marriage bond is dissolved or broken, then each of them will defend their rights to the joint property so that the joint property is often a serious problem and often creates debate between the two parties (husband and wife).The research approach method used in this thesis is sociological juridical. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014 concerning the Position of a Notary; Act No. 16 of 2019 on the amendment to Act No. 1 of 1974 concerning Marriage; Code of Civil law; Compilation of Islamic Law, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used is qualitative analysis.The results of the research and discussion that: First; the division of joint property for couples who are going to divorce in the concept of justice, namely dividing joint property equally or equally. This is in line with what has been regulated in the Marriage Law, the Civil Code and the compilation of Islamic Law which states that if there is a divorce, the joint assets are divided equally. Second; The role of a notary in making a deed of a joint property distribution agreement for a divorced couple without a marriage agreement, namely a notary as a public official who has the authority to make an authentic deed including a deed of a joint property distribution agreement based on the will of both parties who agree to share their assets in accordance with the law. applicable.
The Role of Land Deed Maker Officials in Making the Deed of Transfer of Land Rights and Registration of Transfer of Names During the Covid-19 Pandemic Kholishotul Adibah; Dahniarti Hasana; Dini Amalia Fitri
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 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.4.3.907-915

Abstract

This research aims to know and analyze the role of land deed officials in making the deed of transfer of land rights and registration of transfer of names during the covid-19 pandemic at the Pekalongan City Land Office, to find out and analyze the legal consequences of making a deed of transfer of land rights that have been transferred, and to find out and analyze examples of a deed of transfer of land rights. This study uses a sociological juridical approach. This research specification uses descriptive analysis. The types and sources of data used in this study are primary data from interviews, while secondary data is obtained through library research. Research data collection is divided into 2 (two), namely primary data collection is done by interview and secondary data collection is done by collecting data contained in laws and regulations, books, articles and others. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the role of PPAT is to carry out some of the tasks of the state in the land sector, as a public official who is authorized to make authentic deeds. Since the signing of the deed by the parties, PPAT as one of the implementing officials of land registration is obliged to submit the deed he made and register the name transfer at the local Land Office. Since the Covid-19 pandemic, the Pekalongan City Land Office has implemented 8 (eight) steps of the conventional or semi-online service process, this is done so that services continue to run in a conducive manner and prevent the spread of the covid-19 outbreak. Second, there is legal certainty and legal protection for new rights holders by making a deed of transfer of land rights which has been transferred to a certificate of land rights.