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All Journal Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS
Sri Darmadi, Nanang
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Obligations and Responsibilities of Notaries in Providing Social Services to The Community as Public Officials Atmoko, Dwi; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

At present, where economic development is increasingly rapid and supported by increasingly developing technology and the increasingly dense population in Indonesia, this country has various and varied problems. Likewise with its diverse society where in reality the economic gap between the able and the unable has its own burden for the person concerned and also the state. In its journey, especially for those who are unable, of course, they also need a notary in achieving their desires, especially regarding the certainty and validity of a letter regarding their assets or related to certain agreements. The role of a notary is needed in society, especially for those who are unable to get their desires for free as mandated in the Notary Law (UUJN) Article 37 paragraph (1) which states that "requires a notary to provide legal services in the notary field free of charge for those who are unable". However, in reality, many notaries do not implement or obey and are trustworthy of the law, which of course is not a good thing. In writing this scientific paper, the author uses a normative legal research method supported by a legislative and historical approach to the formation of notaries and the regulatory norms that surround them. This is done to analyze and see how effective the regulations are for notaries in implementing their functions and performance in providing services to the general public, especially the less fortunate. Notaries in their rights and obligations tend to help people who are able due to economic needs. The honesty and integrity of a notary are questioned in helping people who are unable, where this of course makes it seem as if the notary profession is a profession that is intended for certain people only in this case for people who are able and seem exclusive.
Legal Protection for Notaries in Semarang City Area Luthfi Sidiq, Muhammad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Paragraph IV of the Preamble to the 1945 Constitution, among others, states that the Government of the Republic of Indonesia protects all Indonesian people, advances public welfare, and educates the nation's life. The need for the community in the Semarang city area for legal certainty is a very important thing in life so that every element in society that is directly or indirectly related to implementing and enforcing the law must have the same parameters, namely achieving legal certainty. The Notary Law has regulated the form of legal protection that can be given to those who carry out their duties as public officials, this is reflected or stated in Article 66 paragraph (1), (2) of the UUJN and maintaining the right to refuse and the obligation to refuse the right must also be respected. Only the Courts and the Police have the right to summon the Notary concerned. This type of research uses empirical laws.This research approach uses a qualitative approach. The source of the type of data used in this study is primary data obtained through observation and interviews. The analysis in this study is descriptive analysis. The results of this study conclude that: 1).Legal protection for notaries in carrying out their duties as public officials based on the Notary Law in the Semarang City area in making authentic deeds must pay attention to the principles of caution, accuracy, and uphold honesty, morality and not forget professionalism. 2). The form of legal protection for Notaries who carry out their duties as legal officials in the City of Semarang must go through the Regional Supervisory Council because the Regional Supervisory Council (MPD) has a very important role in providing legal protection to notaries at the regional level, as well as ensuring that the procedure for taking minutes of deeds and other documents is carried out legally and in accordance with applicable legal provisions.
Juridical Review of Absentee Ownership of Agricultural Land Rights through Inheritance Based on Basic Agrarian Law Taufiq, Luthfi Nurahmad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Absentee land ownership can create legal uncertainty and risks for parties involved in using the land, such as tenants, cultivators, or parties who have other interests in the land. Thus, this research aims to determine and analyze the legal status of heritage objects in the form of absentee land, and legal protection for heirs who receive rights to absentee land. The research method used is normative juridical with a statutory approach and a conceptual approach. The type of data used is secondary data sourced from primary and secondary legal materials. Data collection method using literature study. The data analysis method uses perspective analysis. The results of the research conclude that the legal status of the inheritance object in the form of absentee land, if a legal event occurs which causes the transfer of ownership rights to the land is an inheritance process. This inheritance event causes absentee ownership of land. According to the law, absentee land ownership is clearly prohibited, but what is prohibited is absentee land ownership, isn't it? Therefore, when the heir is truly a legal heir according to law, the heir can receive the rights to the inheritance given by the heir, thus the heir can still receive the inheritance in the form of agricultural land even though the heir lives in outside the sub-district that borders the location of the land. Legal protection for heirs who have rights to absentee land according to the law is that when the heirs can cultivate and work on the agricultural land efficiently without using extortion methods, then the heirs can still have rights to the land by moving to the location of the agricultural land that the heir owns. Keywords: Absentee; Heirs; Inheritance; Land; Protection.
Implications of The SKMHT Validity Period According to The Term of Subsidized Home Finance in Connection With The Principle of Lex Superior Derogat Legi Inferiori Mardiana, Fitri; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Regulation of the Minister of Agrarian Affairs of the Head of BPN No. 22/2017 Concerning the Determination of the Time Limit for the Use of a Power of Attorney to Encumber Mortgage Rights to Guarantee the Settlement of Certain Credits, if the regulation of the ATR/BPN ministry is enforced, there will be a conflict of norms between Law Number 4 of 1996 concerning Mortgage Rights and the regulation of the ATR/BPN ministry. Regulation of the ATR/BPN ministry number 22 of 2017 overrides the Mortgage Rights Law in terms of the limitation of the SKMHT period. The principle of Lex Superior Derogat Legi Inferiori states that lower regulations must not conflict with higher regulations. Regulations with lower authority should not exceed higher regulations. The purpose of this study is to analyze the effect of changes in SKMHT regulations in subsidized housing financing based on the principle of lex superior derogate legi inferiori. This research method is a normative legal research method. The approach in this study uses a case approach and a legislative approach. The data required includes secondary data consisting of the 1945 Constitution; Law Number 10 of 1998; Law Number 21 of 2008;Law Number 12 of 2011,  Law Number 4 of 1996; Regulation of the Minister of Agrarian Affairs of the Head of BPN No.22/2017; Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia Number 35 of 2021, as well as books and other supporting documents. Taken with the method of data collection using library techniques. The data analysis method is prescriptive. Based on the research, it was concluded that the conflict of legal norms occurred due to differences in the regulations regarding the period of use of SKMHT between the Mortgage Rights Law and Regulation of the Minister of ATR/BPN No. 22 of 2017. The Mortgage Rights Law regulates the maximum period of SKMHT for 3 months, while Regulation of the Minister of ATR/BPN No. 22 of 2017 regulates that the period of SKMHT can be valid during the credit period or until the end of the principal agreement. The Mortgage Rights Law as a law has a higher degree compared to the Regulation of the Minister of ATR/BPN which is an implementing regulation. Therefore, based on the principle of lex superior derogate legi inferiori, the regulations in the Mortgage Rights Law should apply.
Co-Authors Agustina, Saptarina Dian Atmoko, Dwi Hafidh, Muhammad Luthfi Sidiq, Muhammad Mardiana, Fitri Mashuri Mashuri Mi’rajiah, Dessy Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwiningsih, Septya Taufiq, Luthfi Nurahmad Wahyuni, Ayuni Sri