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Legal Protection for Minors in Burdening Their Own Fixed Assets Purwiningsih, Septya; Sri Darmadi, Nanang
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35951

This study aims to analyze: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child. 2) The judge's considerations in providing protection for minor children to encumber their immovable property. The approach method in this study is the statute approach. This type of research is included in the scope of normative legal research. The type and source of data in this study are secondary data. obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child is intended so that the assets of the child under guardianship are not misused by the guardian and as a preventive measure for inheritance disputes. Where this aims to protect the management of assets that are the child's rights to be used for the best interests of the child and can be accounted for when the child is an adult. One form of legal protection is the existence of a supervising guardian. 2) The judge's consideration in providing protection for minors to burden their permanent assets in Determination Number 310/Pdt.P/2019/PN.Pwt. between a person's position as a legal subject and the capacity to act there is a very close relationship, but both are actually two different things. The position as a legal subject or Person is a quality that allows the person concerned to have rights and obligations, while the problem of capacity to act is a problem of authority to exercise the rights and obligations that he has, as an effort to organize / fulfill his interests.

Legal Consequences of a House Sale and Purchase Agreement Through a Home Ownership Credit by Over Credit Underhand Purwandini, Dewi Fitriasih; Sri Darmadi, Nanang
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35852

This study aims to analyze: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties. 2) Legal protection for the parties due to an over credit sale and purchase agreement. The approach methods used in this study are the case study approach and the statute approach. This type of research is a normative legal research. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties carried out with trust in each other, because this trust is not based on applicable law will harm the party who receives the debtor. The loss can be in the form of default. The legal consequence of the default is that the replacement debtor cannot take the certificate that is still in the bank's possession. The replacement debtor cannot change the name, because the certificate is still registered in the name of the first debtor. 2) Legal protection for the parties due to the over credit sale and purchase agreement, namely preventive protection for the buyer can be carried out in the implementation of the sale and purchase agreement by checking the existence of evidence of ownership of land rights that are the object of the agreement. Repressive protection in decision Number 30 / Pdt.G / 2016 / PN.Cbn is by filing a lawsuit with the Court. In this decision, the Plaintiff or buyer asked the Cirebon District Court so that the decision can be used to take the KPR house certificate that is still under the control of the Bank and carry out the name change process. In his decision, the judge stated that the KPR house purchased by the plaintiff was valid and had permanent legal force. The judge also stated that the buyer was a buyer in good faith for the object of the dispute. One of the principles in a sale and purchase agreement is that buyers in good faith must always be protected.

Notary's Authority in Making Deeds Related to the Takeover of Collateral (AYDA) as an Alternative for Resolving Bad Credit Agustina, Saptarina Dian; Sri Darmadi, Nanang
Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v5i4.34258

This research aims to analyze: 1) The authority of notaries in the Notary Position Law (UUJN) regarding the making of collateral takeover deeds (AYDA) as an alternative for resolving bad credit. 2) Procedures that must be followed by notaries in assisting in resolving bad debts through AYDA. The approach used in this research is the statutory approach. This type of research is normative legal research. The type and source of data in this research is secondary data. obtained by literature study. The analysis in this research is prescriptive. The results of the research are concluded: 1) The authority of a notary in the Notary Position Law (UUJN) is related to making a collateral takeover deed (AYDA) as an alternative for resolving bad credit, namely making authentic deeds to transfer collateral belonging to customers who receive facilities. The bank must legally have a legal basis for the transfer of collateral. The deeds made by the Notary in the implementation of AYDA are the Deed of Sale and Purchase Agreement, the Deed of Authorization to Sell, and the Deed of Settlement Agreement for problematic financing with the voluntary delivery of collateral. Notaries also play a role in the process of changing the name of collateral, PPJB, and matters relating to Mortgage Rights (SKMHT and APHT), carrying out the roya process for objects to be mortgaged at the National Land Agency, to ensure that the collateral objects are not bound by any agreement. For the process of selling collateral through an auction at the State Property and Auction Services Office, hereinafter referred to as KPKNL, the notary acts as a Class II Auction Officer as the official who makes the Deed of Auction Minutes. In connection with the implementation of AYDA in banking, of course there is still a need for a notary as an official who has the authority to make authentic deeds as per their authority in Article 15 UUJN. 2) The procedures that must be followed by notaries in assisting in resolving bad debts through AYDA are examining documents and information, verifying ownership and authority, coordinating between related parties, preparing legal deeds, registering and archiving documents and providing legal certainty. Notaries have the responsibility to ensure that the process of resolving bad debts and making deeds occurs in accordance with applicable law. This includes ensuring the validity of documents and clarity of the legal processes involved.

Bankruptcy of Husband Over Joint Property (Case Study of Decision Number 165/PDT.SUS.PKPU/2018/PN.NIAGA.JKT.PST) Pratiwi, Salma Rahmi; Sri Darmadi, Nanang
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The research aims to analyze the legal implications of husband's bankruptcy on rights and obligations regarding joint property in terms of Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst. The research method used is normative legal research with statutory and case approaches. The results indicate that by the implementation of the unity of property, bankruptcy experienced by the husband is treated as bankruptcy of joint property. The legal implications of the husband's bankruptcy on the rights and obligations regarding joint property that are reviewed from Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst, the husband and wife, Ikhwan Andi Mansyur and Ir. Indah Sari, lost their right to manage and control the assets including revocation of Personal Guarantees, because those are part of bankruptcy assets.

Legal Position of Land Sale and Purchase Agreement with Fully Certified Land Under Hand Against the Interests of the Heirs Wahyuni, Ayuni Sri; Sri Darmadi, Nanang
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to analyze: 1) The legal position of private sale and purchase agreements. 2) Legal protection for heirs who use a sale and purchase agreement in full under their hands. This type of research falls within the scope of normative legal research. The approach methods used in this research are the case study approach and the statutory approach. This type of data uses secondary data obtained from literature studies. The data analysis method used in this research is prescriptive. The research results were concluded: 1). The legal position of a signed sale and purchase agreement in full is that it has the power of proof in a case and its truth cannot be denied, so the private letter must be legalized. The Civil Code regulates private deeds as described in Articles 1874, 1874a, and Article 1880. These articles require that every private deed must be accompanied by a dated statement, given by a notary or other official recognized by Constitution. 2) Legal protection for heirs who use a private sale and purchase agreement in full has several forms, although in this context, legal protection may be more limited compared to using an authentic sale and purchase agreement made before a Notary/PPAT. However, some forms of protection that can be obtained are Proof of Writing, Acknowledgment of Signature: If the signature of the seller's heir is recognized as authentic and valid, this can provide proof that the agreement was indeed signed by the party concerned, Witness Attestation, and Transaction Integrity. However, it should be remembered that a private sale and purchase agreement does not usually have the same legal force as an official deed registered with an authorized government agency.

Legal Analysis of Land Certificate Legality (SKT) Towards Uncertified Land in Land Sale and Purchase Mi’rajiah, Dessy; Sri Darmadi, Nanang
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase. 2) The legal existence of land certificate as proof of ownership of land rights. This type of research is normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase in Indonesia has significant limitations. Although the SKT is administratively recognized and can be used as proof of physical control over land, this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In the context of land sales and purchases, the use of SKT as proof of ownership poses legal risks, especially in the event of a dispute, because the SKT does not provide a guarantee of legal ownership and is formally recognized by law. In order to achieve legal certainty and protect the rights of all parties involved in the transaction, the land title certificate remains the only document that is legally recognized as proof of ownership in land sales and purchases. Therefore, it is important for the parties in a land sale and purchase transaction to ensure that the land being traded has a valid certificate, in order to avoid potential legal problems in the future. 2). The legal existence of the Land Certificate (SKT) as proof of land ownership in Indonesia is recognized in the administrative and physical control context, especially in areas where land registration has not been optimal. SKT is often used by the community as proof of land ownership and for administrative purposes, however, the legality of SKT is limited because this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In land disputes or formal legal processes, land certificates are prioritized as proof of legal ownership.

Legal Formulation Policy for Deeds Issued by Temporary Land Deed Officials (PPATS) Mashuri, Mashuri; Sri Darmadi, Nanang; Hafidh, Muhammad
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. PPATS becomes incompetent in making all forms of real deeds compared to Notaries or PPATs who obtain their positions through legal education and internships at the BPN office or at PPAT, so that the position of Notaries and PPATs is better than PPATS, so a legal formulation is needed that can regulate the limits of PPATS's authority in carrying out duties as PPAT. The research discussion includes two things, firstly how to register deeds (transfer of land rights) registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and how is the concept of legal formulation regulating the registration of land deeds registered by Temporary Land Deed Making Officers in the future. This study aims to analyze the registration of land transfer deeds registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration. To find the right legal formulation for Temporary Land Deed Makers (PPATS) in the future. Approach Method used by the researcher in this thesis The type of research used by the author in this thesis is normative legal research. The types and sources of data used are primary, secondary, and tertiary data sources. The data collection method is a literature study, the research data analysis method carried out by the author is prescriptive. The results of the research and discussion show that: First, the PP on Land Registration does not regulate the authority of Temporary PPAT to register land transfer deeds while the authority of Temporary PPAT is obtained from the PP on PPAT Position which gives authority to Temporary PPAT to act as PPAT. Second, PPAT in Indonesia as a whole has begun to emerge and even in some areas the quota for PPAT is full, so there is no need to worry if PPATS is abolished in the legal regulations in Indonesia because with the large number of PPATs spread across various provinces in Indonesia, it would be better to optimize the distribution of the number of PPATs in 33 provinces in Indonesia by limiting PPATs to choose their legal work area and giving authority to BPN to regulate the distribution of PPATs in areas where there are no PPATs yet.

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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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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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.

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