Sultan Agung Notary Law Review
Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the editorial team publishes them four (4) times a year they are in March, June, September and December. This shows the credibility and prestige of the SANLaR journal is getting better and known to many people. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
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<![CDATA[Credit Agreement and Notary-PPAT Responsibilities for Deed of Mortgage ]]>
<![CDATA[Muhammad Azka Faizan]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.187-195
<![CDATA[Banks are one financial institution that has an important role in the economy of a country. The problems in this study are (1) What are the factors that hamper the credit agreement and the responsibility of the Notary-PPAT in making the Deed of Granting Mortgage to the BPD Bank of Central Java?, 2) What is the legal consequence if the Notary-PPAT is late in making the Deed of Granting Mortgage to Bank BPD Central Java?, 3) How is the settlement if the Notary-PPAT is late in making the Deed of Granting Mortgage to the Bank BPD Central Java? The method used is the sociological juridical approach, the research specification is analytical descriptive. The results of this study are (1) The cost of increasing SKMHT to APHT because the process of certification of SKMHT objects that have not been registered requires expensive costs. 2) Based on that, SKMHT needs to be regenerated if APHT is to be made. 3) By making a new Power of Attorney Charge (SKMHT), which of course must be with the approval of creditors and debtors.]]>
<![CDATA[Law Enforcement by Judge to Notary after Amendment of Notary Law ]]>
<![CDATA[Suci Harumi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.261-271
<![CDATA[Notary is a public official who is the only one authorized to make authentic deeds regarding all required agreements and decisions by General Regulations or by interested parties it is desired to be declared in an authentic deed, guarantees the certainty of the date, keeps the deed and provides the Grosse, copy and excerpt thereof, all so long as the deed is not assigned or excluded by an official or other person by a general rule. In Republic Indonesia Act No. 2 of 2014 concerning Amendments to Act No. 30 In 2004, for the photocopy of the minuta deed and notary summons there was no longer the role of the MPD and was replaced by the Notary Honorary Council. Then it becomes a question of how the Process for the emergence of the basis for the formation of the Notary Honorary Council in Act No. 2 of 2014 concerning Amendment Law on Notary Position Number 30 of 2004, and how the Notary Summons the Deed made by the Judge after the Amendment to the Notary Position Act No. 2 of 2014. Research is normative legal research, resulting in the conclusion that the Notary Honorary Council was born in the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public because of the need for protection of a Notary in making deeds. It is very necessary if there is an institution whose function is in the process of judicial interests, where the Notary must get permission from the Notary Honorary Council when summoned in a court session.]]>
<![CDATA[Notary Role in Implementing the Credit Agreement and Process of Binding Liability ]]>
<![CDATA[Dian Oktavian Anggraeni]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.196-208
<![CDATA[The objectives of this research are: 1) To determine the role of the Notary in implementing the credit agreement and binding Mortgage Rights, 2) To find out the obstacles faced by the Notary in implementing the credit agreement and binding the Mortgage, 3) To find out the solutions provided by the Notary in implementing the credit agreement and binding Mortgage Rights. The data used in this study are primary and secondary data collection, which can support the assessment, which is then analyzed using a sociological approach. Based on the research results concluded that: 1) The role of the Notary in the implementation and process of binding Mortgage Rights lies in his responsibility. Namely the responsibility for the credit agreement deed made by him and the legal protection of the parties involved in the deed if there is a dispute between the parties in the future, then that becomes a reference for the authorized legal official., 2) Constraints faced by the Notary such as the inability of the parties, the difficulty of the parties in completing the terms of the credit agreement and bonding of Mortgage Rights, the registration process of Mortgage Rights at BPN which is too long, 3) The solution provided by the Notary is to reschedule the implementation of the credit agreement or authorize another party if unable to attend, complete the requirements credit agreement and bonding of Mortgage Rights by asking for help from a Notary partner, charging fees to the Customer to speed up the registration process at BPN]]>
<![CDATA[Sanctions Mechanism for Notary Who Break the Code of Ethics ]]>
<![CDATA[Yuli Sambira]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.272-281
<![CDATA[Notary is a public official who is appointed by the Government and entrusted with the authority to make a written deed in the form of an authentic deed. Not only do notaries have the task of making authentic deeds in certain fields, but in almost every field of civil law where the Notary is authorized to make them. In carrying out his position, a notary is demanded to be more sensitive, honest, fair and transparent in order to ensure the implementation of the goals and obligations of all parties directly involved in making authentic deeds. In carrying out his / her duties, a notary must adhere to the code of ethics of the notary's office, because without it his professional dignity will be lost and he will not gain the trust of the public. The Notary Code of Ethics is a self-control for Notaries in carrying out their duties. The scope of the Notary Code of Ethics applies to all Notaries or those who hold and carry out a Notary position. The Indonesian Notary Association as the parent association for Notaries, has a very important role in enforcing the implementation of the Professional Code of Ethics for Notaries. In upholding the Code of Ethics, there must be harmony between the Notary concerned, professional colleagues, the community and professional organizations, in this case the Indonesian Notary Association, through the Honorary Council which has the main task of supervising the implementation of the Code of Ethics.]]>
<![CDATA[LEGAL IMPLICATIONS TO FIDUSIAN OBJECT WARRANTIES THAT HAS NOT BEEN REMOVED (ROYA) AND RE-REGISTERED ON THE FIDUSIAN ONLINE APPLICATION ]]>
<![CDATA[Hardianti Hardianti]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.209-219
<![CDATA[In Law Number 42 of 1999 concerning Fiduciary Security, it is stipulated that fiduciary security must be registered. Based on the Circular of the Directorate General of General Legal Administration No. AHU-06.OT.03.01 Year 2013 concerning the Enforcement of the Fiduciary Security Registration Administration System electronically (online), the registration process is no longer done manually. In Article 25 of Law Number 42 Year 1999 it is stipulated that after the debt from the fiduciary has been paid, there must be a report regarding the termination of the fiduciary guarantee. Lack of public awareness, especially fiduciary recipients, their proxies or representatives to apply for removal of fiduciary security objects that have ended at the Fiduciary Registration Office, henceforth, it is written off in the ONLINE Fiduciary Register Book which is mandated by the Fiduciary Security Law which may affect the administration of registration of the object of guarantee. This is important to avoid being re-imposed on objects of collateral that are still registered and also to protect the interests of the new creditors. The problems that arise areLegal Implications for Fiduciary Object Collateral That Has Not Been Deleted (Roya) And Re-registered In The ONLINE Fiduciary Application.From the results of the research that has been carried out, it is found that the legal certainty of fiduciary guarantees that registration is not deleted (roya) is in Article 25 of Law Number 42 of 1999 where the fiduciary recipient notifies the abolition of fiduciary guarantees to the Fiduciary Registration Office, this is added with Article 17 Government Regulation Number 21 of 2015 concerning Fiduciary Security Registration Procedures and Fees for Fiduciary Security Deed with a ban on re-fiduciary action. However, the lack of awareness of fiduciary recipients, proxies, or representatives and the absence of strict sanctions regarding the obligation to write off registration (roya) are obstacles in guaranteeing legal certainty for fiduciary security.Deletion of registration (roya) becomes legal protection for parties both juridically and administratively and provides certainty for the object that is guaranteed.]]>
<![CDATA[Notary Role in Making a Murabahah Account in Shari’a Banks ]]>
<![CDATA[Etri Silviyanti]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.160-168
<![CDATA[This study aims to determine and analyze the terms of the Murabahah financing agreement according to Islamic law and the role of the notary in making Murabahah financing agreement in Islamic banks. The type of research used is descriptive analytical which aims to parse the facts to obtain an overview, about the existing problems, examine and study legal facts. The results of the study concluded that under the terms of the Murabahah financing agreement on a Shari’a bank according to Islamic law must meet the pillars and conditions as described in Compilation of Shari’a Economic Law and the role of a notary in making Murabahah agreement deeds in Islamic banks, it is needed as a party of legality (legal force) and in making Murabahah deeds in Islamic banks that are notarized the formulation must be in accordance with Article 38 of the Law on the Position of Notary without leaving Shari’a principles as well as the mechanism/procedure for making notarial deeds.]]>
<![CDATA[LIABILITY AND COMPLETION OF THE LAW ON NOTARY DEED ARE MADE NURSING HIS RULE ]]>
<![CDATA[Ristya Putri Asriyani]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.282-290
<![CDATA[Issues raised in this study first, how a form of accountability notary who has ended his tenure on the deed he made before the end of his tenure? Second, how the legal protection of a notary who has ended his tenure on the deed made before nursing. This study analyzed qualitatively in the form of research reports, descriptive and approach of this research is the approach of legislation and case-based approach to the type of juridical empirical research. From the analysis of the study concluded that the first form of responsibility notary who has ended his tenure against the violation of the law office of a notary, may be accounted for either administrative, civil and criminal as well as a variety of sanctions. Second,Keywords: Notary nursing; responsibilities of a notary; notary legal protection]]>
<![CDATA[LEGAL PROTECTION FOR PARTIES WHO ARE MINUTE TO LOSE IN POST NATURAL DISASTER (TSUNAMI) IN PALU CITY, CENTRAL SULAWESI ]]>
<![CDATA[Muh. Rizal Yudiansyah Suldani]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.220-228
<![CDATA[The formulation of the problems in this study are 1) Legal protection for parties whose minimum deeds are lost after the natural disaster (tsunami) in Palu City, Central Sulawesi, 2) Notary responsibilities for the minimum deeds in the post-natural disaster (tsunami) notary protocol storage in Palu City Central Sulawesi, 3) legal efforts made by a notary against the parties requesting a copy of the missing or damaged certificate of minuta after the natural disaster (tsunami) in Palu City, Central Sulawesi. The research method used in this research is descriptive using an approachsociological empiricalBased on the results of this study, it is known that the legal protection for parties whose actions are lost after the natural disaster (Tsunami) in Palu City, Central Sulawesi is to ensure the rights and obligations of the parties for certainty, order and legal protection for the parties concerned. In making the authentic deed, we must look at the requirements so that it can be said to be an authentic deed. Authentic deeds are made based on law and before public officials. In this case, it starts with the minimum deed making.]]>
<![CDATA[Problems Solving of Credit with Liability Which Owner Has Died ]]>
<![CDATA[Hepy Hapsari Hapsari]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.169-177
<![CDATA[The purpose of this study was to: 1) To identify and analyze the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) To identify and analyze the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that: 1) the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice. ]]>
<![CDATA[Role and Responsibilities of Notary Statement on General Meeting of Shareholders (AGM) ]]>
<![CDATA[Yuli Tri Yana]]>;
<![CDATA[Widhi Handoko]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.291-300
<![CDATA[The purpose of this study was to determine: 1) The powers and responsibilities of Notaries in deed statement of decision general meeting of shareholders of a limited liability company, 2) The legal consequences of a deed statement of decision general meeting of shareholders of a limited liability company, 3) Legal protection for Notaries in the making deed of declaration decision general meeting of shareholders limited liability company. The approach used in this paper is normative, with the help of primary data in the form of legal material which is two primary legal materials and secondary legal materials as the main data. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative. The research results are: 1). Role of Notary in the manufacture of the Deed of General Meeting of Shareholders of the Company Limited by Act No. 30 of 2004 concerning Notary, particularly Article 15 which essentially gives some authority to the Notary as a public official in performing their duties, namely: Notary authorized to make an authentic deed regarding all deeds, agreements, and provisions required by legislation and / or desired by the stakeholders to be stated in an authentic deed, deed of guarantee certainty of the date of manufacture, save deed, giving grosse, copy, and official copies, all of it along the manufacture the deed was not also be assigned or excluded to other officials or any other person specified by law. 2). General Meeting of Shareholders. 3). Deed of the General Meeting of shareholders is an authentic act that is Partij Akten that deed made by the parties before a notary.]]>
