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Sultan Agung Notary Law Review

SANLaR
Website

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 27 Documents

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Search results for , issue "Vol 3, No 2 (2021): June 2021" : 27 Documents clear

The Role & Responsibility of Notaries for the Lost Minuta Due to Notary's Negligence Arum Kurnia Sari; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this research is to find out and analyze: 1). The role and responsibility of the Notary in solving the problem of the loss of the minutes of the deed due to his negligence. 2) Legal implications for a Notary who due to negligence results in the loss of the minutes of the deed. The approach method in this research is sociological juridical. The data used are primary and secondary data obtained through interviews and literature study. The technique of collecting legal materials in this research is by using observation, interview and study document techniques, while the data analysis method is done by analytical descriptive method. The results of the research concluded: 1) The role and responsibility of the Notary in solving the problem of the loss of minutes of deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Position Act, namely making a deed in the form of a minuta deed and storing it as part of the Notary Protocol. In resolving the loss of the minutes of the deed, one of them is to compensate the parties for losses. 2) The legal implication for a Notary who due to his negligence results in the loss of the minutes of the deed can be sanctioned, as stated in Article 9 paragraph (1) letter d of the UUJN namely temporary dismissal from his position as a Notary If the Notary in making the deed is not in accordance with the laws and regulations applicable law, in this case is not in accordance with UUJN, then the act of the Notary can be qualified as a violation of the law. Unlawful Acts are regulated in Article 1365 to Article 1380 of the Civil Code that every unlawful act causes harm to another person causing the person because of his fault to make the loss to compensate for the loss.

Jurisdiction Overview Implementation of Rights Transfer to Land & Building Registration with Selling-Buying Deed Wahyu Baskoro; Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purposes of this study are to: 1) Analyze the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. 2) Analyzing obstacles and solutions in the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. This research is a normative juridical approach, with descriptive analysis research specifications. Primary and secondary data collection was obtained by interview and literature study. The results of the research are: 1) The registration of the transfer of land and building rights with the Sale and Purchase Deed at the Surakarta City Land Office begins with the stage of implementing the sale and purchase transaction between the seller and the buyer. After that the sale and purchase transaction must be made a deed of sale and purchase by the PPAT, then by the PPAT it is brought to the Land Office to be registered as a certificate of ownership for the new land title holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2). The obstacle in implementing the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office is that there are still many low levels of education resulting in a lack of public legal awareness, the length of the SOP for the Transfer of Name Certificates whose proof of ownership is still in the form of a Sub-district Register C (Letter C), and the lack of counseling provided to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. 3). The solution to overcome obstacles in implementing the registration of the transfer of land and or building rights with the Sale and Purchase Deed at the Surakarta City Land Office is to provide or publish brochures about the importance of registering the transfer of land rights due to buying and selling, conducting counseling, improving human resources through courses/training and fixing the administration of the organization.

Publication of Notary Positions on Personal Social Media Accounts Sani Satriangga Atmaja
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

A notary is a public official who is authorized to make an authentic deed with perfect evidentiary power. The position of a Notary is a Public Position that upholds the dignity and trust of the community so that in carrying out its duties, it must adhere to the prevailing laws and regulations and the Code of Professional Ethics. Based on the provisions of the Professional Code of Ethics, a Notary is prohibited from publishing his position or self-promotion, while in this digital era it is not uncommon for a Notary to list his position on his social media accounts. The purpose of this study is to explain and analyze the legal consequences of the publication of a notary position and how to apply sanctions and solutions for violations of the code of ethics according to Act No. 2 of 2014 concerning the position of notary and the code of ethics of a notary. The method used in this study is the normative juridical method, the specifications in this study are descriptive analytical, the data used are secondary data, using data collection sourced from library research that produces primary law materials, secondary law materials, and tertiary law materials, problems analyzed with the theory of Triadism Law and the theory of Legal Effectiveness. The results of this study indicate that the prohibition on the publication of Notary Positions for Notaries is based on the fact that a Notary as a position that provides services to the public requires the trust of the public, thus Notaries are obliged to uphold their nobility of dignity in accordance with the Law on Notary Positions and the Notary Code of Ethics. The legal consequences for a Notary who publish his Notary Position in Social Media accounts are not in accordance with the oath / promise of Position that has been uttered and mandated by the Notary Position Act, and violates the prohibition provisions in the Notary Code of Ethics.

Legal Assurance Analysis in Disputes Settlement of Rights Transfer to Land Due to Waqf Kusuma Kusuma; Achmad Sulchan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this research is to find out and analyze: 1). Implementation of the registration of the transfer of ownership of land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency. 2). Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf. 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf in Madiun Regency. The approach method in this research is empirical juridical, namely research that focuses on individual or community behavior in relation to the law. The data used are primary and secondary data obtained through interviews and literature study, while the data analysis method is done by qualitative descriptive analysis. The results of the research concluded: 1) Implementation of the registration of transfer of ownership rights to land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency, namely for land that has not been certified, the documents are equipped such as the Waqf Pledge Deed, photocopy of ID card/KK, photocopy of ID card/right owner identity, certificate of land history, statement of physical possession, power of attorney for application, photocopy of land and building tax, proof of title/proof of ownership, certificate of non-dispute and letter of approval of Nadzir, while for land registration that has been certified, the completeness of the documents required is the Deed of Waqf Pledge, certificate of land rights, photocopy of the applicant's ID card/KK Photocopy of the right owner's ID card/KK, application letter, statement of waqf grace period, Nazhir approval letter, statement of non-disputed land, a statement that the land/building is physically controlled, and proof of SSP/PPH. 2) Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf in Madiun Regency, namely there are still some people who are still reluctant to take care of waqf land certificates, because of the assumption that the waqf land certification process requires very expensive costs, the solution made by the government is to carry out socialization and outreach activities to the community 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf is based in Madiun Regency, namely if there is a dispute regarding the property that has been waqf, then the lawsuit is submitted to the competent Religious Court. However, the law allows the settlement of waqf disputes to be settled out of court, as described in Article 62 of Act No. 41 of 2004 concerning Waqf by prioritizing settlement through deliberation.

Roles & Responsibilities of Notaries in Making Wills According to Civil Law & Islamic Law Muhammad Badruddin; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Based on the applicable legislation, the role and responsibility of a notary from the beginning to the end of the process of making a testament act is very necessary so that it has binding legal force. This writing aims to analyze the role and responsibilities of a notary for his will and protection of a notary from the perspective of the Civil Code and Islamic Law. The research method used in this thesis is a sociological juridical research method. The analytical knife used in this study uses the theory of responsibility, the theory of authority, and the theory of legal certainty. The results of the research and discussion show that the role of a Notary in making a will according to the Civil Code is in the form of: make a Supercriptie Deed relating to an explanation of a secret will and sign the deed and keep it, keep wills, keep a will in a state of war, people who sail, or those who are in places prohibited from contact with the outside world due to illness, make a deed of appointment of the executor of the will, and make a deed of appointment of the manager of the estate of the heir. The role of the Notary in making a will according to the Compilation of Islamic Law (KHI) is in the form of making a Will Deed and making a Deed of Revocation of Will. The notary's responsibility for the will, which includes moral responsibility, ethical responsibility, and moral responsibility. Protection of notaries on wills has been regulated and stated in Article 66 of the UUJN.

The Establishment of Tax on Land and Building Rights (BPHTB) Karmani Karmani; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to examine the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing solutions in overcoming the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. This research is a sociological juridical research. The results of the study concluded that mHowever, there is a discrepancy with the laws and regulations in the implementation of the collection of Duties on the Acquisition of Rights to Land and Buildings in Boyolali Regency, namely when there is a transfer of rights to land and buildings due to a sale and purchase whose transaction value is lower than the market price, the transaction value will be determined by the BPPKAD officer based on market prices and surveys of the tax object in question, even though the provisions of Article 87 paragraph 2 of Act No. 28 of 2009 and Article 7 of Boyolali Regency Regulation Number 2 of 2011 state that the basis for imposing BPHTB taxes on the acquisition of buying and selling rights with lower transaction value rather than the market price, the basis for the imposition of BPHTB tax is the Tax Object Sales Value (NJOP) of Land and Building Tax. In the collection process there are still some obstacles, namely the lack of knowledge of taxpayers regarding information and socialization of the regulations on the Acquisition of Rights on Land and Buildings, as well as the limited number of Human Resources (HR) from the Office of the Regional Financial and Asset Management Revenue Agency of Boyolali Regency, even though the area and number of transfers of land and buildings is small in Boyolali Regency is high, thus interfering with the performance of the Land Deed Maker Officials and the National Land Agency in terms of land registration. There is a need for periodic socialization regarding the Customs for Acquisition of Land and Building Rights by the Regional Government, while the problem of uncertified land requires cooperation with the local National Land Agency, for example conducting a prona program.

The PPAT'S Responsibilities on Calculation of Tax Payment Value Rina Widoastuti; Siti Rodhiyah Dwi Istinah
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

In the implementation of the transfer of rights through the buying and selling process, at the stage of calculating the value of tax payments several times, people found that they deliberately and openly asked to reduce the transaction value from the price it should have been, so that tax costs would not be large. This writing aims to determine and analyze the calculation of the value of the sale and purchase of land and/or buildings in Pekalongan Regency, the role and responsibility of PPAT in calculating the value of tax payments based on Perda No. 6 of 2012 Pekalongan Regency. This research approach uses a sociological juridical, namely research through a legal approach and examines laws that have problems in practice. Then analyzed using role theory, responsibility theory, justice theory, and legal certainty theory. The results of the study indicate that the calculation of the value of the sale and purchase of land and/or buildings in Pekalongan Regency is based on calculations that have been determined by the laws and regulations. The role and responsibility of PPAT in calculating the value of tax payments on land and/or building sale and purchase transactions based on Perda Number 6 of 2012 Pekalongan Regency, namely PPAT's obligation in making a deed is first to ensure that the Land and Building Rights Acquisition Fee (BPHTB) has been paid. PPAT's responsibility is to help clients make online submissions on the website provided by the Pekalongan Regency Government.

The Existence of A Single Submission Online Institution in Land Technical Considerations Susi Andriyani
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The enactment of Government Regulation Number 24 of 2018 which introduced the Online Single Submission (OSS) institution brought many changes in various fields, one of which was in the field of land services. This study analyzes the implementation of land technical considerations through the OSS institution and the obstacles in the implementation of land technical considerations through the OSS institution. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that the Implementation of Land Technical Considerations through the OSS institution is intended to provide convenience in obtaining permits in order to improve the investment climate in Indonesia.

Role & Responsibility of Notaries as General Officers in Cooperative Registration through Online System Muhammad Zulfa; Lathifah Hanim
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The position of a Notary as a General Officer has the authority to make an Authentic Deed. Cooperative is a business entity which is a people's economic movement and is based on the principle of kinship. Since the promulgation of PP No. 24 of 2018, the management of business licensing in Indonesia will be carried out electronically, so it must have a Cooperative Establishment Deed which is made online by a Cooperative Deed Maker Notary, who must then obtain ratification of the Cooperative Establishment Deed. The objectives in this research include To find out and analyze the Cooperative Legal Entity Registration Procedure through the online system in Kudus Regency, To find out and analyze the role and responsibilities of a Notary in registering a Cooperative Legal Entity through the online system in Kudus Regency in case of data entry errors. To find out and analyze the legal consequences of the roles and responsibilities of a Notary in the event of an error in data entry. Based on the research concluded the role and responsibility of a Notary related to the establishment of a Cooperative is to assist in providing related counseling and draw up the Deed of Establishment of the Cooperative. After the deed of establishment, the Notary will register the ratification of the Deed of Establishment of the Cooperative through AHU Online, because without such ratification, business actors, in this case the Cooperative, cannot access OSS to administer business licenses.

The Role of a Notary in Changing the Name of a Limited Liability Company Detkri Badhiron; Umar Ma'ruf
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research aims to know and analyze the factors that cause PT. Mega Transformation Indonesia turned into PT. Djaja Bangun Rahardja, besides that this research is also to find out and analyze the role of the Notary in changing PT. Mega Transformation of Indonesia into PT. Djaja Bangun Rahardja was connected with Act No. 40 of 2007 concerning Limited Liability Companies and the last one was to identify and analyze the process of obstacles and solutions in the process of changing PT. Mega Transformation Indonesia into PT. Djaja Bangun Rahardja is associated with Act No. 40 of 2007 concerning Limited Liability Companies. The approach method in this research is empirical juridical. The juridical approach (law is seen as a norm or das sollen), because in discussing the problem this research uses legal materials (both written law and unwritten law or both primary legal materials and secondary legal materials). 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 Notaries requires empirical research on Notaries who process changes in names of shareholders and changes to the Board of Directors. The specifications used in this research are descriptive analytical, which is intended to provide data as accurate as possible about a situation or other symptoms. Because this research is expected to provide a detailed, systematic and comprehensive description of the role of a Notary in processing the name change of a limited liability company. The data required includes Primary data is data obtained from the field, data obtained from respondents. Respondents are people or people who provide answers to questions from researchers. Secondary data is 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 have been obtained, both primary data and secondary data. Then the writer analyzes qualitatively which is then presented descriptively.

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

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+6285399441898

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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