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Sultan Agung Notary Law Review

SANLaR
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Published by Universitas Islam Sultan Agung

ISSN : - EISSN : 26864428 DOI : 10.30659

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 46 Documents

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Search results for , issue "Vol 2, No 4 (2020): December 2020" : 46 Documents clear

The Role of Notary in the Making of Fidusian Assets for Consumer Protection Maulana Abdul Mujib; Aryani Witasari; Sukarmi Sukarmi
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the role of the notary in making fiduciary deeds for consumer protection based on the Law of the Republic of Indonesia Number 8 of 1999. The approach method in this research is the normative juridical method. The specification of this research is descriptive analytical. The data in this study are secondary data. These problems are analyzed using legal protection theory. Based on the results of the research, the role of the notary in providing services to the public, especially for making fiduciary deeds, is things that must be done so that no parties are harmed and the deed can provide protection and legal certainty The parties come face to face with the Notary. Based on the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Act No. 30 of 2014 concerning the Position of Notary, making a Notary Deed, must be before a Notary according to the form and procedure stipulated by the Law, and refuse to make a deed, if power of attorney that is contrary to Article 18 paragraph (1) letter h. Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, which states that the power of attorney is an integral part of the standard agreement prepared by the fiduciary recipient.

Settlement Of Electronic Integrated Liability Services Lisza Agustina Putri
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.2.4.713-721

This study aims to identify and analyze the solutions to problems that arise in the implementation of integrated electronic mortgage services. The approach method in this research is sociological juridical method. The specification of this research is descriptive analytical. The data in this study are secondary data. These problems are analyzed using the theory of justice, the theory of expediency, and the theory of the legal system. Based on the results of the research that solving service problems. Security rights integrated electronically things that must be done so that no parties are disadvantaged in the problems faced, For PPAT the HT-el system needs to be repaired and upgraded to meet the provisions of laws and regulations as well as the needs in the field. It is also necessary to provide intensive counseling to all parties involved in implementing integrated electronic security rights. For Creditors, it is necessary to develop HT-e application services by utilizing the strengthening of coordination between agencies, in this context, namely the Ministry of Finance, so that the process of operating and developing services is sustainable. HT-el can be achieved by the development of HT-el services based on Human Resources (HR).

The Role of Notary-PPAT in the Implementation of Tax Payment Fraud Prevention Ade Kusumadewi; Gunarto Gunarto; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research has the following objectives: 1) To determine the role of the Notary/Land Deed Making Officer (PPAT) in the implementation of fraud prevention in connection with the Payment of Taxes/Tax Charges for Acquisition of Land and Building Rights (BPHTB) for the Implementation of the Process Sale and Purchase based on Authorization to Sell with the Object of the Sale and Purchase of Land and Buildings. 2) To find out the factors that arise to prevent fraud against fraud in the imposition of the tax burden on the acquisition of land and building rights (BPHTB). Method used in this research is empirical juridical method. Research using the empirical juridical method is research on the effect of the law on society. This study uses primary data sources and secondary data sources. Primary data sources are sources obtained from field research, while secondary data sources consist of primary legal materials, secondary legal materials, and tertiary materials. Then the data were analyzed qualitatively. The research results show that: 1) The authority of the recipient of the power of attorney cannot be proven in real or not valid, unless it is proven by the existence of a sale-purchase agreement (PPJB) which contains the word paid. Because then it can be proven that the party is really the buyer. If it is not attached with a Sale-Purchase Deed (PPJB), it is feared that it will be misused or used by those who wish. In accordance with Article 1320 (KUHPerdata) regarding the validity of an agreement between the power of attorney and the grantor of power. Where in the process of transfer of name or request for sale and purchase certificates due to the transfer of rights to land and buildings, one of the conditions that must be fulfilled by the cliet or certificate application is the settlement of tax payments, who are burdened with taxes in the process of transferring rights to land and buildings, namely Seller and Buyer. Buyers are subject to tax burdens in the form of Fees for Acquisition of Land and Building Rights (BPHTB). So the role of the Notary/PPAT Officer is very much needed to minimize the existence of fraud that can result in losses for the Notary/Land Deed Making Official itself. 2) Preventing Factors for Notary Officers or Land Deed Making Officials (PPAT) so that there is no misuse of the power of sale and purchase of land in relation to the tax burden on the acquisition of land and building rights (BPHTB), including: a) Making a statement letter under the above hand stamp 6000, and inserted in the document; b) Photos of the parties; c) Closed-Circuit Television (CCTV); d) Fingerprints of the parties; e) Receipt in full for the sale of land which must be written by the party itself; and f) Providing a moral message to the parties so that their actions are truly honest, containing: (1) That the sale and purchase is based on the principles of good faith and propriety; (2) Sale and Purchase conducted in a clear and cash manner; and (3) Please be honest about the number of transactions.

The Overlapping Land Settlement Dwi Wisnu Wardana
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The role of Agrarian and Spatial Planning/National Land Agency is very much needed in society to fulfill the need for land services in this part of Indonesia. Considering the importance of a land certificate as a perfect and valid evidence for ownership of land rights, it is necessary to deal with land disputes with a view to ensuring legal certainty of land rights against the right holder or owner. This study is to determine the overlapping resolution in the Office of Agrarian and Spatial Planning/National Land Agency of Surakarta City over land use rights (HP) in Purwodiningratan Surakarta number 36 on behalf of the Surakarta City Government domiciled in Surakarta covering an area of approximately ± 9,350 m2, with Use Rights ( HP) number 23 on behalf of the Ministry of Transportation of the Republic of Indonesia domiciled in Jakarta (PT. Kereta Api Indonesia) covering an area of approximately ± 33,225 m2. This research is a descriptive empirical (sociological) juridical research with research data sources derived from primary data and secondary data. the data used includes; interviews, field observations and literature study in the form of books, laws and regulations, documents etc. hThe research results that have been collected are then analyzed qualitatively. This study aims: 1) To determine to analyze overlapping land settlement. 2) To find out the obstacles and solutions in overlapping land settlement. 3) To analyze to find legal certainty due to overlapping. Many obstacles to overlapping land settlement in the settlement of Hak Pakai land, especially those belonging to government agencies, are constrained by the bureaucracy of rights holders. The efforts and solutions for the settlement of overlapping land mediation by the Land Office of Surakarta City, in this case, are very dependent on the holders of Land Rights in the settlement of the Land Office as a mediator in the settlement in accordance with statutory regulations.

The Urgention of Use of Technology as A Minute Protection of Notary Assets That are Lost or Damaged Due to Natural Disasters Mohammad Rizal Zulkifli Ramli
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to: to determine how important the application of technology is to protect the minuta notary deeds that are lost or damaged by natural disasters. The approach method in this research is sociological empirical research which is a qualitative research based on primary data. Primary data is data that is obtained directly by the object. Based on the results of data analysis, it can be concluded that the use of technology as an effort to protect notary deeds that are lost or damaged due to natural disasters has not obtained a clear legal basis because the Notary Position Law or other legal provisions do not clearly regulate the procedure for keeping the minimum deed, so that notaries do not have standard rules regarding procedures. How to keep the minuta deed, which results in not providing legal certainty and legal protection for the parties concerned. Along with the development of technology, technology should be used in order to support work, including notaries, storing minuta deeds in the form of soft files to make backup files that can be used if one day a natural disaster occurs which results in the loss or damage of a minimum certificate. The absence of a clear legal basis that regulates the use of technology as a means of storing minimum deeds is one of the obstacles to the use of technology, even though this is done to improve the performance of notaries who are an extension of the government in the field of civil law in terms of services to the public. The potential for disasters or things beyond human capacity that can cause the loss or damage of the deed as part of the notary protocol is very large, so it is necessary to make preventive efforts by the notary in carrying out one of its obligations as mandated in the UUJN. Notaries must take the initiative in keeping the minimum deeds so that their storage is completely safe and not stuck with the old habit of storing notary protocols in a cupboard or vault that is still lost or damaged due to natural disasters or other things beyond human ability. So that efforts to utilize technology should become an internal habit in the notary office while waiting for a clear legal basis.

Notary Responsibility For Development And Registration Of Fidusia Warranties On Line Against Fidusian Recipients In Demak District Widayat Aris Prasetiyo
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.2.4.772-780

The implementation of making and registering an online Fiduciary Guarantee Deed in Demak Regency, the Notary must carry it out on his own without being represented by the employee, because the Notary must know for sure about the correctness and data input. Based on this, this research discusses the Notary's responsibility, the obstacles in fulfilling the Notary's responsibility, and efforts to overcome the obstacles in fulfilling the Notary's responsibility for the making and registration of the Fiduciary Guarantee Deed Online for Fiduciary Recipients (Creditor) in Demak Regency. Types / types of empirical juridical research, analytical descriptive specifications, data collection methods include primary legal materials and secondary legal materials, qualitative analysis methods. The responsibility of the Notary, starting from the making of the Fiduciary Guarantee Deed including the supporting documents in the making of the Fiduciary Security Deed, up to the implementation of data input in the context of implementing the Fiduciary Guarantee Deed registration is the full responsibility of the Notary concerned. The obstacles are: First, the internal factor is that there is an error in data input made by a relevant Notary regarding the procedures and procedures for making an Authentic Deed. Second, external factors related to the Credit Approval Memorandum (CAM) of the Fiduciary, Efforts to overcome obstacles, namely: First, obstacles from the online operational system, so if the data has been sent, the Fiduciary Certificate has not been printed online. Second, in terms of application an error occurs, then you can send an email requesting corrections and corrections to the email address. Third, in terms of data storage in the system, the notary will first perform manual recording. Fourth, in terms of the appearance of the statement letter and the Fiduciary Guarantee Certificate, the Notary will re-enter the data that is not completely printed. Fifth, in terms of signatures, the notary will report the imperfect printing of the system.

Analysis of the Authority of the Substitute Notary Public in Preparing a Cooperative Establishment Deed Virginia Puspa Dianti; Jawade Hafidz; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The main objective of cooperatives is established as regulated in Article 4 of Act No 17 of 2012 to improve the welfare of Members in particular and society in general, as well as as an inseparable part of a democratic and just national economic order. The formulation of the problem in this research is how to implement the establishment of a Cooperative deed according to Act No 17 of 2012? And does the substitute notary have the authority to make a cooperative deed? The type of research used by the author is normative legal research by examining library materials related to the authority of the substitute notary in making cooperative establishment deeds based on a qualitative approach. Sources and types of data in this study were obtained through secondary data. To obtain the necessary data, the author collects laws and regulations relating to the title that the author takes. In addition, the author can obtain information through searching books and scientific works of legal experts. In this case the Author analyzes the Authority of the Substitute Notary in Preparing the Cooperative Establishment Deed. From this research, the author obtained the following results: (1) The establishment of a Cooperative is carried out by means of a Cooperative Establishment Deed made by a Notary registered at the Ministry of Cooperatives in Indonesian. (2) Substitute Notary Public can also make a Cooperative Deed of Establishment as long as the Substitute Notary is registered with the Ministry that administers Government affairs in the field of cooperatives.

The Responsibilities of Notaries/Land Deed Making Officials (PPAT) to Electronic Mortgages Based on the Regulation of the Minister of Agrarian Mega Arum Saputri; Gunarto Gunarto; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Notary is a public official who is authorized to make authentic deeds as long as the making of certain authentic deeds is not specific to other public officials. Notary, in this case, is a public official who is given the authority to make authentic deeds regarding certain legal actions regarding land rights or property rights over apartment units, while PPAT deeds are deeds made by PPAT as evidence that certain legal actions have been carried out regarding land rights or ownership rights over flat units, PPAT deed is a tool to prove that a legal act has been committed. The problems in this thesis are: (1) What is the responsibility of a PPAT Notary for electronic mortgage certificates based on the Minister of Agrarian Regulation Number 9 of 2019 ?, (2) What are PPAT Notary Obstacles in storing electronic mortgage documents? The Land Office regarding electronic mortgage certificates based on the Minister of Agrarian Regulation Number 9 of 2019? The method used is juridical empirical, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. The results of this study are: (1) The responsibility of the Notary/PPAT for electronic mortgage documents based on the Minister of Agrarian Regulation Number 9 of 2019 is to assist the government's duties. HT-el service is a form of service provision from the Ministry of ATR/BPN in facilitating services to the community by taking advantage of developments in information technology. PPAT is exempted from the obligation to represent the applicant (creditor) but PPAT is still obliged to submit the deed it has made, including APHT as quickly as possible and no later than 7 days. (2) Obstacles to the Notary/PPAT in storing electronic mortgage documents include a) constraints from the Creditor (Bank), where in each Notary-PPAT credit binding process b) Constraints from the Debtor (Client). c) Constraints from BPN, which is for clients who want all the management processes such as checking, registration, roya and so on related to the installation of Mortgage Rights at the BPN office can use an accelerated process even though they have to pay more than the specified administrative fee. (3) Efforts by the Notary/PPAT and the Land Office to electronic mortgage certificates based on the Regulation of the Minister of Agrarian Affairs Number 9 of 2019 are that PPAT Notaries need to apply the principle of prudence in examining HT-el certificates submitted by the tappers. The suggestion in this research is that the Notary Public/PPAT needs to make readiness in the procurement of electronics and technology that is qualified in HT-el registration and needs to apply the principle of prudence.

Legal Perspective On Notary As General Officer Of Authentic Assets And Its Legal Expression Mustholih Baidlowi
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.2.4.722-730

Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of a Notary. Notaries as public officials who make authentic deeds have an important role in ensuring legal certainty for the people who use their services. The purpose of this research is to find out and understand the legal position of authentic deeds that are legally owned. The method used in this research is sociological juridical method, the specification in this research is descriptive analytical, the data used are primary data and secondary data, using data collection by interview and literature study. The results of this study indicate thatauthentic deeds have 2 (two) main functions, namely, as a formal function (formality causa) and function as evidence (probationis causa). The formal function (formality causa) means that to make an act declared complete and perfect (not to be valid) a legal act must be made in the form of an authentic deed. Functioning as evidence (probationis causa) it can be interpreted that the authentic deed is deliberately made as proof at a later date. A deed can be categorized as an authentic deed if the deed is drawn up in accordance with the procedures that have been determined based on the provisions of Article 38 of the Law on the Position of Notary Public. A Notary deed can be said to meet the requirements as an authentic deed if the Notary deed is in accordance with the procedures and procedures that have been determined based on the provisions of Article 39 of the Law on the Position of Notary up to Article 53 of the Law on the Position of Notary Public.

Authority of Notary to Make Roya Concent as in Literature Certificate of Loss Aditya Rahma Wicaksono; Lathifah Hanim; Soegianto Soegianto
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine and analyze the authority of the notary in making Roya's Concentration Deed and to find out the stages in making the Roya Concentration Deed as a substitute for the lost certificate of mortgage. The approach method in this research uses juridical empiric. The specification of this research is descriptive analysis, the data required includes primary data, secondary data, and tertiary data, the data analysis method uses field research and library research. Based on the research, it is concluded that although the Roya concession deed or the Roya license deed is not clearly regulated, it is related to the authority of the notary in making the deed, because if it is linked in the Roya process to be carried out at the Land Office, the Roya Consent Deed is one of the requirements for implementing Roya. Roya's consent deed is a notary deed that has a position as a substitute for a lost certificate of mortgage, which functions as a condition for registering Roya or withdrawing mortgage rights. Roya consent deed or Roya permit is also a type of partij deed which is a notary made at the request of the parties concerned by accompanying evidence of a letter of loss from the police regarding the loss of a certificate of mortgage, the notary makes a deed of Roya/consent Roya permit to fulfill formal functions a deed, namely to complete or complete a legal act in this case to Roya at the Land Office.

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email sanlar@unissula.ac.id

Phone +6285399441898

Journal Mail Official sanlar@unissula.ac.id

Editorial Address 2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA