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[Juridical Analysis of Notary Responsibilities Relating to Deed of Sale and Purchase Binding Agreement (PPJB) that Causes Disputes ]]>
<![CDATA[Fariz Hadyanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.847-859
<![CDATA[The purpose of this research is to analyze and find out: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made. 2). The solution to the making of the sale and purchase binding agreement (PPJB) in the event of a dispute.The approach method in this research isnormative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made is if the sale and purchase agreement on land signed and made by a Notary made an error, it is not in accordance with the procedure for making it, then the Notary has legal responsibility to whom and to whom. who the deed of sale and purchase agreement is made, and if the Notary is proven to have made a mistake, whether intentional or unintentional, then the legal consequences that arise can be subject to sanctions according to the level of error or error in the binding deed of sale and purchase made by a Notary may be subject to sanctions including administrative sanctions 2). The solution to making a deed of sale and purchase binding agreement (PPJB) in the event of a dispute is through deliberation or through the courts. The aggrieved party can sue the party who caused the loss in court or by canceling the agreement that has been made by the parties. Dispute resolution using non-litigation or Alternative Dispute Resolution (ADR) is actually a family dispute resolution model compared to dispute resolution through judicial institutions which tend to be confrontational, taking into account wins and losses and ignores social elements in society. While the settlement through the judiciary is carried out if the deliberation efforts are not reached, then the settlement must be through the courts.]]>
<![CDATA[Agreements on Individual Accounts using Guarantee of Certificate which Bound by Selling Deed ]]>
<![CDATA[Heni Astuti]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.1078-1086
<![CDATA[In ancient times it was customary for people to make loan agreements involving land. Land is also commonly loaned to other people under a lease agreement. In Indonesia, lending and borrowing agreements are regulated in Article 1754 of the Civil Code concerning debts and receivables. Accounts payable begins with an agreement between two legal subjects called debtors and creditors, then accompanied by the delivery of objects as collateral. Today, in the Limbangan sub-district, Kendal regency, Central Java, there is a practice of individual debt agreements with guaranteed land and building certificates with an area of 255 m² which are bound not by a Mortgage Deed (APHT), but using a Sale and Purchase Deed (AJB) and legalized by a Notary as Land Deed Maker Official (PPAT). The purpose of this study was to determine and analyze the validity of an individual debt agreement using a certificate guarantee bound by a Sale and Purchase Deed in Kendal regency. Another objective is to find out and analyze the responsibilities of a Notary to the making and registration of a Sale and Purchase Deed which is used as a guarantee for an individual debt agreement in Kendal regency. This study uses a research method in the form of Sociological Juridical which is also called field research. According to its nature, the research to be conducted has a descriptive analytical research type. The type of data used is primary data and secondary data, and data collection tools used are field studies and literature studies. Based on the discussion discussed in this study and the data that has been collected that the validity of the guarantee of property rights to land bound using a deed of sale and purchase in Kendal regency is legal and can be carried out according to legal certainty theory, as long as the main agreement of the guarantee is not Contrary to the provisions stipulated in Article 1320 of the Civil Code regarding the legal terms of the agreement, namely agreement, competence, a certain matter and a lawful cause. The powers and responsibilities of a notary in Kendal regency are in accordance with the theory of authority that has been described, namely attributive authority, delegative authority, and mandate authority and in carrying out his position to make and register the sale and purchase deed has been meticulous and thorough as mandated by article 16 paragraph (1) UUJN. However, the notary should still propose a guarantee agreement on land and buildings tied using mortgage rights not with a sale and purchase deed so that unwanted things do not happen that can harm both parties even though in fact the duties or responsibilities of the notary are basically not responsible for the contents. The deed made before him because the contents of the deed are the will and agreement desired by the parties.]]>
<![CDATA[Notary Authority to Make Certificate of Heir Based On Notary Positions ]]>
<![CDATA[Miranti Kusuma Wardhani]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.795-801
<![CDATA[Before the Act No. 30 Of 2004 about notary Occupation being progress, there is no special regulation that is becoming the basic for Notary authority to make the Bank statement for heir in practically in Indonesia. After the Act No. 30 Of 2004 about notary Occupation being progress, the notary authority to make the bank statement for heir is not arranged expressly in section 15 sentence (2). In consequence require by an analysis to notary authority in making Bank statement for heir especially after the Act No. 30 Of 2004 about notary Occupation being progress. This research uses the empirical approach juridically. The example is taken by non random purpose sampling. Analyze done by descriptive, to analyze the notary authority in making bank statement for heir after the Act No. 30 Of 2004 about notary Occupation being progress. Target of this research is to know and studying of arrangement of notary authority in making Bank statement for heir in pursuant to number Act No. 30 of 2004 about notary Occupation, the strength of verification of Bank Statement for Her which made by some different notary people to heir in someone to heir and third party and also sanction to notary and notary responsibility if wronging in Bank Statement for Heir. From research result known that base of Notary authority make the bank Statement for Heir customary law since away back caused a notary assumed by as of side knowing about hereditary law, verification Bank Statement depend on wisdom of justice and sanctions and also notary responsibility if wronging in making Bank Statement Heir that is Section 1365 of the Civil Code. Suggested that a notary authority in making Bank Statement Heir formally cover the authority of functional and heir criterion able to make the Bank statement heir before notary.]]>
<![CDATA[Registration of Rights Transfer of Land Due to Instruction Related to Development of Collective Rights Sharing (APHB) ]]>
<![CDATA[Arrofi'atush Sholihah]]>;
<![CDATA[Ahmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.1011-1019
<![CDATA[The results of research and discussion suggest that the transfer of rights due to inheritance occurs at the time of a person's death. In a sense, that since then the heirs became the new rights holders. As to who is the heir is stipulated in the applicable civil law. If the heirs are more than one person, and the heirs agree to appoint one of the heirs as the rights holder who will be listed in the certificate by making an inheritance certificate and an affidavit of the heirs, then by PPAT will be made APHB as the basis for the transfer of rights with the approval of all heirs. The purpose of this research is to know the process of implementing the registration of transfer of rights due to inheritance related to APHB, Legal consequences for the registration of land rights transfer due to inheritance related to APHB and the creation of APHB Deed. This study uses empirical juridical approach method with data collection techniques through primary data and secondary data. To collect primary data is done with field research using interviews. While the secondary data is obtained by reviewing primary legal materials and secondary legal materials, which are then analyzed using qualitative analysis techniques and interpreted logically and systematically which are then concluded.]]>
<![CDATA[Executorial Power on Certificate of Liability Based on Credit Agreement ]]>
<![CDATA[Agnis Nova Della]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.727-740
<![CDATA[The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads " For Justice Based On The Almighty God" (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.]]>
<![CDATA[Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law ]]>
<![CDATA[Muhammad Farid]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.944-962
<![CDATA[In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.]]>
<![CDATA[Implementation Analysis of Improvement of Building Use Rights to Property Rights for Residential Houses ]]>
<![CDATA[Avianita Febriana Yulianto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.1135-1146
<![CDATA[The purpose of this research is to analyze and find out: 1) Implementation of upgrading the status of building use rights to property rights for residential houses at the Cilacap Regency Land Office. 2). Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten people's perceptions who think that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive. 2) Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten out public perceptions who consider that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive.]]>
<![CDATA[The Role of Notary in Making the Deed of Power of Attorney Imposing Mortgage on Land Collateral ]]>
<![CDATA[Siti Rokhmah]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.860-870
<![CDATA[The purpose of this study was to identify and analyze the role of the Notary in making the Deed of Power of Attorney for Imposing Mortgage Rights (SKMHT) on uncertified land collateral at Bank BPR Karya Remaja Indramayu Regency, along with obstacles and solutions. This study uses an empirical juridical approach and the specifications of this study use a descriptive analytical method with a qualitative approach. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of legal certainty and authority. Based on the results of the study, it was concluded that in practice the Notary made SKMHT in accordance with Article 15 UUHT to bind collateral for uncertified land to be used as collateral, and had fulfilled what was stipulated in Article 38 of the UUJN regarding the beginning of the Deed, the body of the Deed, and the closing. Deed. The obstacles faced by Notaries are a). The inhibiting factor from the Bank, namely the incomplete document, b). The Inhibiting Factor from the Debtor is the problem of the amount of fees. c). Bad credit. The solutions to overcome these obstacles are: a). Give 7 working days to complete documents from the Bank or customer. b). Negotiated costs with a Notary, c). Banks are careful in providing credit. ]]>
<![CDATA[Law Enforcement Analysis against Notaries Who Do Negligence in Depositing Minutes of Deed ]]>
<![CDATA[Nur Maryanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.1087-1098
<![CDATA[The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. The toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.]]>
<![CDATA[Legal Protection for Parties in Making Authentic Deeds from Legal Deviations by Notaries ]]>
<![CDATA[Himawan Arifin]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.802-809
<![CDATA[The position of a Notary is required by laws and regulations with a view to assisting and serving the public who need authentic written evidence, but a Notary in carrying out his profession commits a crime of forgery of letters in making an authentic deed so that a Notary who is consciously, intentionally or involved in making fake authentic deeds can be accounted for in criminal law. This writing aims to find out the legal protection for the victim who is harmed in making an authentic deed containing false information and the notary's responsibility in making the deed. The research method used in this thesis is a normative juridical approach, namely legal research carried out based on the main legal material by examining theories, concepts, legal principles and legislation related to research, this approach is also known as with a library approach, namely studying books, laws and regulations and other documents related to this research. The results of the study found that the Notary in making an authentic deed had fulfilled the elements of the criminal act of forging letters against an authentic deed in Article 263 paragraph 1 and Article 264 paragraph 1 to 1 of the Criminal Code. Legal protection for the victim takes legal action by reporting to the police and bringing the case to the Court of first instance, the level of appeal, and the level of cassation. So that the Notary is charged with responsibility in the form of imprisonment because it has been legally proven guilty of committing a criminal act of forging letters against an authentic deed.]]>
