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The Notary Authority in the Making of Land Waqf Prediction Deed Febryan, Rinaldy Bagus; Sulchan, Achmad
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Before donating the property of the Wakif, the Wakif must make his Waqf pledge first. Then it is poured into writing, carried out in the presence of the Official Making the Waqf Pledge Deed (PPAIW). The Wakif statement will then be stated in a form of Deed, which is called the Waqf Pledge Deed. The provisions of the requirements for a Notary to become PPAIW are explained in the Regulation of the Minister of Religion Number 73 of 2013 concerning Procedures for Waqf of Immovable and Movable Objects Other than Money. This study uses a normative juridical research approach, examining the implementation or implementation of positive legal provisions and factual contracts in each particular legal event. The results of this study are 1) Notary authority in making Waqf Pledge Deed (AIW) has been given by Article 37 PP No. 42 of 2006, but not all Notaries can be appointed as PPAIW. The main requirements for a Notary to become PPAIW must be Muslim, trustworthy and have a certificate of competence in the field of Waqf issued by the Ministry of Religion; 2) The inhibiting factor in the implementation of the Notary in making the Waqf Pledge Deed is that the people of Jepara Regency only know that PPAIW is the Head of the sub-district KUA in the Jepara Regency Legal area, because until now there has been no Notary in Jepara Regency who has obtained certification as PPAIW in relation to making AIW.
Legal Protection for Land Heirs Who Apply for Land Ownership Rights Based on a Land Clearance Permit Manalu, Novida; Sulchan, Achmad
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This research aims to investigate and analyze the legal concept for land owners who do not yet have a registered land certificate at the National Land Agency and to find out and analyze the legal protection for land heirs who apply for land ownership rights based on a land clearing permit from the Sub-district Head based on Decision Number: 258 / Pdt.G / 2022 / PN.Pbr. This study uses a normative legal approach by reviewing relevant laws and regulations, as well as analyzing cases related to land disputes involving heirs. The data used in this study were obtained through a literature study of law books, journals, and regulations related to land ownership rights and legal protection for heirs. The analysis method used is a qualitative method with a descriptive approach. The results of the study indicate that legal protection for land heirs who apply for land ownership rights based on a land clearing permit from the sub-district head is still inadequate. In many cases, heirs have difficulty in proving the validity of their ownership rights, especially when there is administrative ambiguity or overlapping ownership. Therefore, efforts are needed to improve the land administration system to provide better protection for heirs and reduce the potential for legal disputes in the future.Keywords: Inheritance; Land; Law; Protection.
Notary's Responsibility in Making Authentic Deeds Containing False Statements by The Parties with Much Knowledge Radiansyah, Radiansyah; Sulchan, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. In practice, there are still many Notaries who do not comply with these regulations, thus causing losses to the public (their clients) who seek legal justice in making an agreement or notarial deed. The purpose of this study is to determine the unlawful acts committed by Notaries in making authentic deeds with false information by the parties known together and the notary's responsibility for their actions in violation of criminal law and the Notary's code of ethics. This study uses a normative juridical approach, through a statutory approach (statute approach). The types and sources of data in this study use secondary data obtained from literature studies and the analysis in this study is prescriptive. Based on this study, it is concluded that Notaries who make authentic deeds with false information by the parties known together are unlawful acts and can be categorized as committing a criminal act and also a violation of the Notary's Office. These actions can be subject to criminal sanctions in accordance with the Criminal Code (KUHP) and administrative sanctions in accordance with the UUJN and the Notary's Code of Ethics. In this research, it was found that a Notary was sentenced by the Panel of Judges at the District Court for unlawful acts in making authentic deeds with false statements by the parties.Which It is the responsibility of the Notary who collaborates with other parties to make an authentic deed with false information, so that he must undergo criminal or punishment after a court decision that has permanent legal force, because the Notary's unlawful actions have fulfilled the elements of the articles in the Public Prosecutor's indictment and mutually accept the decision without making an appeal. Keywords: Authentic Deed; False Statement; Notary; Unlawful.