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All Journal International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Konstatering TABELLIUS
Achmad Arifulloh, Achmad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Konstatering

 1 
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council Rizqi, Adella Fania; Arifulloh, Achmad; Widayati, Widayati
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens.
Cancellation of a Notary's Deed of Will that Fulfills the Elements of an Unlawful Act Sukrisno, Wijayono Hadi; Arifulloh, Achmad
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to examine the validity of a will deed made by a Notary when it meets the elements of an unlawful act and the Notary's responsibility in that context. The background of this study is the importance of the validity of a will deed as a legal document that determines the distribution of inheritance and the Notary's responsibility in ensuring that the deed is legally valid. The urgency of this study is directly related to the protection of heirs' rights and the integrity of the Notary profession. The research method used is normative juridical with a statutory approach and a case approach, using secondary data from literature studies and legal documents. The results of the study indicate that a will deed made in violation of legal provisions can be canceled by the court, as seen in the decision of the South Jakarta Religious Court No. 1920/Pdt.G/2018/PA.JS. Notaries have a great responsibility in ensuring that the will deed they make does not violate the law, and can be subject to civil, criminal, and administrative liability if proven guilty. The conclusion of this study emphasizes the importance of strict regulation and supervision of Notary practices, as well as effective law enforcement to protect the rights of heirs and maintain public trust in the Notary profession.
Legal Protection for Buyers in Good Faith in Land Sale Agreements Under Hand Without The Presence of The Seller (Case Study of Court Decision Number 81/PDT.G/2024/PN.Son) Rusilah, Eni; Arifulloh, Achmad; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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A buyer in good faith is a buyer who is unaware of any defects or flaws in a sale or purchase. Legal protection for buyers in good faith is based on Article 1338 of the Civil Code concerning agreements that must be executed in good faith and SEMA Number 7 of 2012, which guarantees legal protection for buyers in good faith. This research uses a case approach and a statute approach. Efforts to gain clarity and understanding of the problem based on court decisions and judges' considerations. Secondary data Obtained from library materials, the data is usually arranged in the form of documents including books, documents, research results embodied in reports and so on. Obtained from primary, secondary and tertiary legal materials. The results of the study show that the legal protection of buyers in good faith is based on Court Decision Number 81 / PDT.G / 2024 / PN.Son, namely stating that the buyer (Defendant) is a buyer in good faith and stating that the Defendant's actions are acts of breach of promise (Wanprestasi), this is in accordance with the theory of preventive legal protection which means that the buyer obtains the land rights in good faith based on the sale and purchase agreement. The judge's legal considerations in this case are in line with the theory of legal certainty, namely conducting a local inspection, to find facts in the field, and conducting an examination of evidence and witnesses and conducting an analysis of the sale and purchase agreement. The decision of the District Court at Level 1 has not yet become final, if there is an appeal, the results of this decision can be inversely proportional to the next decision.
Co-Authors Butarbutar, Romasni Hapsari, Anindya Ayu ISWAHYUDI ISWAHYUDI Kostiawan, Shaiful Nanang Sri Darmadi Onetra, Rico Rizqi, Adella Fania Rusilah, Eni Sterisa, Raden Roro Nadia Sukrisno, Wijayono Hadi Triwibowo, Bagus Widayati Widayati