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[Role of Notary in Change of Name of Limited Liability Company ]]>
<![CDATA[Detkri Badhiron]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.8-16
<![CDATA[This research aims at untuk know and analyze the factors that cause PT. Mega Transformation Indonesia changed to PT. Djaja Bangun Rahardja, besides that this research is also to determine and analyze the role of the Notary in the change of PT. Mega Transformation Indonesia to become PT. Djaja Bangun Rahardja associated with Act No. 40 of 2007 concerning Limited Liability Companies and the latter to identify and analyze the process of barriers and solutions in the process of changing PT. Mega Transformation Indonesia to become PT. Djaja Bangun Rahardja associated with Act No. 40 of 2007 concerning Limited Liability Companies.The approach method in this research isjuridical empirical. Juridical approach (law is seen as norms or das sollen), because in discussing the problem of this research using legal materials (both written and unwritten law or both primary and secondary legal materials). An empirical approach (law as a social, cultural or das sein reality), because in this study primary data obtained from the field were used. So, the empirical juridical approach in this study means that in analyzing the problem it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about how the role of the Notary requires empirical research on Notaries who process name changes. names of shareholders and changes in the Board of Directors. The specifications used in this research are descriptive-analytic, which is intended to provide as accurate a data as possible about a condition or other symptoms, because this research is expected to provide a detailed, systematic and comprehensive description of the role of the notary in processing the name change of a limited liability company. The data required includes dataPrimary data is data obtained from the field, data is obtained from respondents. Respondent is a person or community who provides answers to questions from researchers. Secondary data, namely data obtained from or derived from library materials, secondary data collected in this study include primary legal materials, secondary legal materials and tertiary legal materials.. In discussing the subject matter and analyzing the data that has been obtained, the authors use all the information and data that has been obtained, both primary and secondary data. Then the authors analyzed qualitatively which was then presented descriptively. ]]>
<![CDATA[Comparative Study of Development between Islamic Inheritance Law According to Compilation of Islamic Law (KHI) & Faroid Science ]]>
<![CDATA[Ninuk Tri Welas]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.164-180
<![CDATA[The background of this research explains that the Islamic Inheritance Law regulates the matters of inheritance (inheritance) left by the deceased, namely regulating the transfer of inheritance from the deceased (heir) to the living (heir). This study uses an empirical juridical approach, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. This research in: (1) Forms of inheritance law that have not been contained in conventional fiqh (fiqh almawarits), but they have been contained and codified in the KHI inheritance law, including: Article 171 concerning Joint Assets, Article 177 concerning the division of fathers `asobah. Article 209 states that adoptive fathers and adopted children receive an inheritance, and if they do not receive a will, then they are entitled to receive a compulsory will. (2) Comparison of Islamic Inheritance Law according to the Compilation of Islamic Law (KHI) with Faroid Science, namely: Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. ]]>
<![CDATA[The Role of Notary in Resolution of Company's Share Ownership Issues by Two People Based on Act No. 40 of 2007 regarding Limited Liability Companies ]]>
<![CDATA[Imam Firdaus]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.265-283
<![CDATA[Article 88 paragraph (1) of Act No. 40 of 2007 states that RUPS to amend the articles of association can be held if at the meeting at least 2/3 (two thirds) of the total shares with voting rights are present or represented in the RUPS and the decision is valid if it is approved at least 2/3 (two thirds) of the number of votes cast, which causes problems if the Limited Liability Company only has two shareholders with the same percentage of share ownership. The purpose of this study is to determine the impact of Limited Liability Company ownership by two people with the same share percentage and to find out the role of a notary in solving the problem of limited liability company share ownership by two people with the same percentage. The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that the ownership of PT shares owned by 2 (two) shareholders with balanced share ownership can certainly cause losses to the PT, especially causing difficulties in decision making at the implementation of the AGM. Where if during the RUPS, one of the parties does not approve the results of the RUPS, so the decision cannot be taken because the quorum is not fulfilled. The RUPS is an organ of the Company which has the remaining authority which is not given to the Board of Directors and the Board of Commissioners. The RUPS represents the will of the shareholders as a whole, either as a result of a decision by deliberation or a decision as a result of voting results that are in accordance with and in line with the provisions of the Association and or the Company Law. So it can be said that the RUPS is a meeting held by shareholders in their position as the owner of the company, which has the authority that neither the board of directors nor the board of commissioners have. ]]>
<![CDATA[Absentee Land Management Policy by Civil Servants ]]>
<![CDATA[Endang Ristianti]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.97-105
<![CDATA[This study aims to examine and analyze: 1) Implementation and Policy of Absentee Land Management by Civil Servants at the Land Office of Klaten Regency. 2) Implementation and Policy of Absentee Land Management by Civil Servants at the Klaten Regency Land Office. The approach method used in this research is the Normative approach. Normative legal research or library research is research that examines document studies, which uses various secondary data such as statutory regulations, court decisions, legal theory, and can be in the form of scholars' opinions. The research specification used is descriptive analytical. In this study, the data source consisted of primary data obtained by researchers through interviews and secondary data obtained through literature studies. Based on the results of the study, it can be concluded that: 1) Implementation of the implementation of absentee ownership of agricultural land obtained by Civil Servants provides opportunities for Civil Servants to be able to own the Absentee land. The legal instrument that regulates the ownership of Absentee land by Civil Servants/PNS is Government Regulation Number 4 of 1977 as described in the provisions of Article 2 paragraph (1), Article 2 paragraph (2), Article 2 paragraph (3) and Article 2 paragraph (4) Government Regulation Number 4 Of 1977. As for the implementation of absentee ownership of agricultural land in Klaten Regency, with the provision that a maximum distance of 8 km is stipulated for absentee land, if it exceeds 8 km then the implementation cannot be fulfilled. 2) Constraints in the Absentee Land Management Policy by Civil Servants at the Klaten Regency Land Office stem from community factors, namely the lack of legal awareness from the community Community life can run in an orderly and orderly manner, of course supported by an order so that life becomes orderly. Therefore, socialization plays an important role in the implementation of the Absentee Land Management Policy by Civil Servants at the Klaten Regency Land Office.]]>
<![CDATA[Systematic & Complete Land Registration Effectiveness in Reducing Land Disputes in Kendari City ]]>
<![CDATA[A. Hasdian Ikawati]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.321-328
<![CDATA[The importance of systemic and complete land registration in its development has not been able to materialize effectively, this has resulted in widespread problems of land ownership disputes in the community. The writing of this article uses an empirical juridical method. Based on existing research, it can be seen that the implementation of a complete and systemic registration is important in preventing land disputes. However, this has not been effective due to the problem of overlapping regulations and the problem of people's perspectives who still do not understand the importance of land registration at this time. So that the efforts made to overcome the obstacles that arise in the implementation of land registration are by providing legal counseling to the community, so that residents get sufficient legal information and knowledge to support the implementation of proper land registration. For the payment of BPHTB (Land Rights Acquisition Fee) for residents who cannot afford to have received relief in the payment.]]>
<![CDATA[Implications of Executorial Strength of Fiducia Security Certificate after Decision Constitutional Court No. 18/PUU-XVII/2019 Concerning Notary Assets ]]>
<![CDATA[Sutrisno Purwohadi]]>;
<![CDATA[Theresa Irene Sumartoni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.69-79
<![CDATA[Fiduciary material rights are guaranteed. The collateral objects are tangible, intangible and immovable objects that cannot be guaranteed with mortgages. Fiduciary collateral is widely used by finance companies. Debtor defaults, the leasing party executes fiduciary objects unilaterally, this is considered contrary to the 1945 Constitution. Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 of 1999 concerning Fiduciary Guarantee is subjected to a material test. After Constitutional Court Number 18/PUU-XVII/2019, Execution of fiduciary guarantees after the decision of the, after Constitusional Court, creditors cannot execution guarantee directly because executorial beslag in fiduciary certificate which have power same with court decision has been canceled. According to Constitutional Court’s decision Number 18/PUU-XVII/2019 states that Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 Year 1999 is contradictory to the 1945 Constitution. After the Constitutional Court's Decision No. 18/PUU-XVII/2019 states that the execution of guarantees cannot be carried out unilaterally by creditors, but must be through a District Court decision, unless there is an agreement on breach of contract between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary collateral, this matter impact to lack of creditor’s interest to give loan with moveable object remember executory process need long time and many cost because execution object fiduciary guarantee must be district court decision. Notary as formulate’s agreement must be think carefully to response Constitutional Court Number 18/PUU-XVII/2019 with strengthen clause in fiduciary guarantee deed based on credit agreement which has been made the parties so that occur balanced right and obligation between creditor and debtor. Therefore author take theme about Notary’s role to make Notary’s deeds especially fiduciary guarantee’s deed after Constitutional Court Number 18/PUU-XVII/2019 with research’s method use literature research in the form of juridical data. The research is normative juridical and qualitative research type Research methods.]]>
<![CDATA[Legal Certainty of Application of Electronic Archives in Keeping Minutes of Notary Deed as Authentic Evidence ]]>
<![CDATA[Andi Muhammad Syuaib]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.250-256
<![CDATA[This study aims to: to determine whether the application of the use of electronic archives for notarial deeds can provide legal certainty. The approach method in this research is normative law, the data source is obtained from literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded thatthe use of electronic archives as a minimum of a notary deed has not yet obtained a strong legal basis, so it has not guaranteed legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. The legal substance in the use of electronic archives as a minimum of notary deeds has not been fully accommodated in the UUJN with the obligation to read the deed in the presence of witnesses and failure to fulfill this requirement will result in legal sanctions for the notary. The ITE Law, which is a legal basis for notaries, also does not provide an opportunity for electronic deeds by providing restrictions on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence. The incompatibility between UUJN and the ITE Law, and the ITE Law with the UUPT regarding the authority of notaries in the use of electronic records is clearly a separate obstacle for notaries. The current legal substance has not been able to facilitate the various interests of the community. Because the substance of the law has not accommodated the interests of the community, the existing legal regulations are not able to adapt to new things that are happening in the community, resulting in no guarantee of legal certainty. The substance of the law is not yet futuristic, because the regulation of the notary's authority cannot anticipate events that may arise in the future, namely the demands of the public so that notaries are able to make deeds electronically. The legal structure that was built has not been able to encourage the implementation of electronic services by notaries properly and optimally. In addition, the legal culture of the community tends to believe more in using conventional facilities than with technology.]]>
<![CDATA[The Result of Divorce on the Gono Gini Assets Decision on Case No: 1451/Pdt.G/2016/PA Kdl ]]>
<![CDATA[Muchamad Satria Lesmana]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.339-342
<![CDATA[Humans by nature are zoon politicon, which are social creatures. This means that humans are destined to live in society and interact with each other. Humans cannot live alone without help from others, because they always seek and need other humans to live together and then organize socially. In this case the smallest form of human life together begins with the existence or by forming a family. All Indonesian people have the same legal guidelines that regulate marriage issues, namely Act No. 1 of 1974 concerning Marriage. Which is also equipped with implementing regulations, namely Government Regulation Number 9 of 1975. The sound of Act No. 1 of 1974, in Article 1 has explained that what is meant by "Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God". In a marriage, what is meant by physical and mental ties is that the marriage that is carried out is not sufficient only with the existence of a physical bond or an inner bond. However, there must be both, so that there will be a physical bond and an inner bond which is a strong foundation in forming and fostering a happy and eternal family.]]>
<![CDATA[Implementation of Zakat & Professional Income Tax Payments for Notaries & PPAT (Comparative Law Study of Zakat Payment System & Professional Income Tax) ]]>
<![CDATA[Ade Adriansyah]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Widhi Handoko]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.17-26
<![CDATA[The purpose of this study is to see the implementation of the Notary and PPAT professional zakat and Income Tax payment system, the reason is that the assisting system of implementing zakat and Income Tax of the Notary and PPAT profession has not met expectations and has not been able to eradicate poverty, ideal implementation of zakat and income tax notary and PPAT in the context of poverty alleviation. The approach method used in this research is the normative juridical method. The specification of this research is research with descriptive analytical breakdown specifications. Sources of research data are primary and secondary data. The data collection uses literature study as the main data and interviews as supporting data. The data analysis method used in this study is a qualitative method. The results of the study state that the implementation of the zakat and tax payment system in the stages of the notary profession and PPAT has not met expectations and has not been able to eliminate poverty because government and private ‘amil zakat institutions are still unable to collect large amounts of zakat funds. The reason the notary and PPAT professional zakat and tax payment systems have not met expectations and have not been able to incubate poverty are religious factors and non-religious factors. Ideally, the implementation of zakat and tax payments at the professional level of notaries and PPAT in the context of poverty alleviation, such as in Malaysia, taxes that have been deducted by each individual against a number of values that are not actually tax payments .]]>
<![CDATA[Problems and Implementation of Government Regulation Number 1 of 2011 Regarding the Transfer of Function of Agricultural Land to Industrial Land ]]>
<![CDATA[Abdul Kodir]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.181-199
<![CDATA[The threat to disruption of food security due to rampant conversion of agricultural land is very significantagainst land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.]]>
