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[Application on Power of Sale Deed based on Deed Recognition of Debt by A Notary Position ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.284-293
<![CDATA[This study aims to determine and analyze the legal application of the selling power of attorney can still be based on the debt acknowledgment deed related to Decision Number 41/Pdt.G/2020/PN.Kdi. The research method used normative juridical approach with descriptive analytical research specifications. The types and sources of data in this study are secondary data consisting of: a. Primary Legal Materials; b. Secondary Legal Materials; c. Tertiary Legal Materials. Methods of collecting data through the Study of Literature and Documentation. While the data analysis method is a qualitative analysis method. The results of this study indicate that the application of the law to the deed of power of attorney in Decision Number 41/Pdt.G/2020/PN. Kdi can still be based on the deed of acknowledgment of debt because the deed is not absolute with Article 1813 jo. Article 1814 of the Civil Code concerning the termination of the power of attorney. The absolute nature of the power granted will have legal force if it explicitly contains the expression that what the plaintiff is empowered to do contains the phrase "irrevocable".]]>
<![CDATA[Juridical Overview of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty ]]>
<![CDATA[Thayeb, Satya Eka Syahputra]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.294-305
<![CDATA[The purpose of this research to find out and analyze the juridical review of the land sale and purchase agreement orally in the conception of legal certainty. Research methods it uses the approach in this study uses an empirical juridical approach. Empirical juridical research is an approach to problems regarding juridical matters and the existing facts regarding juridical matters. Empirical legal research or sociological research is legal research that uses primary data. The results of the study determined that: 1. Juridical Review of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty. Based on Article 1320 of the Civil Code regarding the conditions for a valid agreement, it does not regulate the form of an agreement, so that in making an agreement, the community is free to determine its form. Making an agreement in oral form is still valid, as long as it has fulfilled the legal requirements of the agreement stated in Article 1320 of the Civil Code. Oral agreements are also valid as long as there is no law that stipulates that the agreement to be made must be in written form, so that the oral agreement also has legal certainty in binding the parties who made it, for that if there is a default in the oral agreement, the oral agreement can be used as the basis to declare someone to be in default. 2. The Role and Authority of a Notary in Realizing Legal Certainty Against the Sale and Purchase of Land Conducted Orally. The role of a notary in making an authentic deed as regulated in Act No. 40 of 2004 concerning Notary Positions, based on this provision, the notary's authority in making the deed of sale and purchase of land has strong legal force because the authority is based on the law, so the deed concerned (in terms of binding sale and purchase of land/sales and purchase deed) can be used as a basis for authentic evidence by the parties if in the future there is a dispute regarding the object of the agreement as stated in Article 15 paragraph (2) letter f of the UUJN. 3. Example of Making a Deed of Sale and Purchase of Land.]]>
<![CDATA[Legal Protection Duties on Notary Positions if Malpractice Happen in the Making of Authentic Deals ]]>
<![CDATA[Jane Florin Merietta]]>;
<![CDATA[Djunaedi Djunaedi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.257-264
<![CDATA[This legal research aims to identify and analyze the juridical consequences and responsibilities of a Notary if a Notary commits malpractice while carrying out his duties as a Notary, as well as to find out and analyze the extent of legal protection for the duties of a Notary's office who are suspected of having committed malpractice in making authentic deeds. This study uses a sociological juridical approach using descriptive analytical research specifications. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study is in the form of literature and the data analysis method used is qualitative data analysis. Based on the results of research and discussion, that if a Notary commits a malpractice against his authentic deed, then the authentic deed is relegated to a private deed. Then, legal protection for Notaries who commit acts of malpractice must involve professional organizations or INI as a forum that can educate and solve problems that exist among its members.]]>
<![CDATA[Legal Liability on Notary Negligence in Electronic Registration of Fiduciary Guarantee ]]>
<![CDATA[Laura Chrismetin]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.265-283
<![CDATA[This study aims to analyze and be able to find out about legal liability for notary negligence in registering fiduciary guarantees electronically. In the registration of online fiduciary guarantees, there is a big responsibility on the Notary because after completing filling in the data to continue the next access, the Notary is asked to approve in advance the statement that all data contained in the form is correct by marking the statement. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. Based on the results of research and discussion, Notaries in carrying out their duties, especially those related to making certificates, must be professional in accordance with applicable rules and notaries must be able to minimize mistakes at work due to the notary's carelessness can be called a practice mall and can be sued by the client as the responsibility of a profession carried by a notary.]]>
<![CDATA[The Juridical Overview of the Sale of Owned Land on Joint Assets by Husband without Wife's Consent ]]>
<![CDATA[Ary Patria Wisnu]]>;
<![CDATA[Nanang Sri Darmadi]]>;
<![CDATA[Andi Aina Ilmih]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.465-476
<![CDATA[The purpose of this research is to analyze: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN.Skt. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt. The approach method in this research is a normative juridical approach. The data used is secondary data obtained through literature study, data analysis was carried out by qualitative analysis. The results of the research concluded: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN. Skt is an absolute responsibility caused because in making the sale and purchase deed the PPAT was not careful and careful. As a result of decision No. 253/Pdt.Plw/2018/PN.Skt is deed No. 112/ sale and purchase deed is contrary to the law, it will cause losses for the opposing party. PPAT must share responsibility for material losses suffered by the parties. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt is invalid and null and void. As a result, the Plaintiffs suffered material losses. So that in terms of legal certainty theory, this sale and purchase cannot provide legal certainty for the Buyer, so that the Opponent II and PPAT must be responsible for the unlawful acts they have committed.]]>
<![CDATA[Juridical Analysis of Use of Health Social Security Agency Card as a Condition for Transfer of Land Rights ]]>
<![CDATA[Sri Yuliana Febri Anti]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.665-674
<![CDATA[This study aims to examine and analyze the juridical implications of using the Health Social Security Administering Body card as a condition for the transfer of land rights in Kendari City, to examine and analyze the juridical implications of the transfer of land rights that do not use the Health Social Security Administering Body card as well as to examine and analyze sample deed of sale. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this study are primary data and secondary data. Collecting research data with interview techniques and study of documents or library materials. The theory used is the Theory of Legal Certainty according to Gustav Radbruchm and Theory of Legal Work according to William J. Chambliss and Robert B Seidmen. The results of the study show that: First, the juridical analysis of the use of health social security agency cards as a condition for the transfer of land rights in Kendari City is based on Gustav Radbruchm's theory of legal certainty because legal certainty as one of the legal objectives can be said to be part of an effort to achieve justice. There is a priority scale that must be implemented, where the first priority is always justice, then benefit, and finally legal certainty. Second, the juridical implications of the transfer of land rights that do not use the BPJS card based on the theory of the working of the law of William J Chamblis and Robert. The connection is what action a role holder will take in response to legal regulations, highly dependent and controlled by the applicable legal regulations of the sanctions of its implementing activities. Third, the sample of the sale and purchase deed has fulfilled all the requirements of the applicable laws and regulations.]]>
<![CDATA[The Legal Position of Insurance Agreement (Borgtocht) as a Form of Credit Bindings ]]>
<![CDATA[Wahyu Adi Wibowo]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.396-408
<![CDATA[This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.]]>
<![CDATA[The Effectiveness of the Implementation of Electronic Land Registration at the Office of National Land Agency ]]>
<![CDATA[Nabila Chyntia Dahani]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.603-615
<![CDATA[The purpose of this research is to analyze: 1) Implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 2). The effectiveness of the implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is descriptive qualitative. The results of the study concluded: 1) The implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency can guarantee legal certainty, because electronic certificates are guaranteed by law and can be used as legal evidence. Registration of this electronic certificate can be through PPAT assistance through the site https://loket.atrbpn.go.id. After the service registration and documents have been uploaded, the land office will later validate the applicant's files online. If the verification is smooth, a deposit order will be printed and the Applicant needs to make payments according to the applicable rules. After making the payment, the file will be processed immediately. The collection is done by coming to the BPN Office of Sragen Regency according to the specified schedule. 2). The effectiveness of electronic land registration at the National Land Agency Office of Sragen Regency is more effective than conventional land registration. This is because the implementation of land registration online or electronically provides many benefits to the community.]]>
<![CDATA[The Role of PPAT in the Registration Process for the Transfer of Land Rights based on Buying and Selling Transaction ]]>
<![CDATA[Fatoni Winahyu]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.331-340
<![CDATA[This study aims to determine and analyze about the role of PPAT in the registration process for the transfer of land rights based on buying and selling in Pati Regency. The research approach method used in this thesis is a sociological juridical approach. The specification of this research is analytical descriptive, a study that tries to describe the problems that occur in practice in the field associated with other provisions and then analyzed to obtain supporting facts and inhibiting factors of the problems studied. The data sources of this research consist of primary data and secondary data. Methods of collecting data using interviews, document studies, field studies.The data obtained from both field studies and document studies are basically data that were analyzed descriptively qualitatively. The results showed thatThe deed made by PPAT acts as an authentic deed, one of which is the deed of sale and purchase (AJB), which is a deed made when someone wants to sell their land to someone else. AJB functions to take care of the letters of transition from the old owner to the new owner. Before making the AJB, PPAT checks the authenticity of the certificate to the land office. The making of AJB is attended by sellers, prospective buyers, and at least two witnesses. AJB is made if the sale and purchase transaction has been paid off. According to the Decree of the State Minister of Public Housing Number 9 of 1995 concerning Guidelines for Binding the Sale and Purchase of Houses; AJB must be signed by the buyer and seller before the PPAT if the buyer has paid the entire land price along with taxes and other costs related to the sale and purchase transaction.]]>
<![CDATA[The Legal Position of Attorney’s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities ]]>
<![CDATA[Heri Mulyono]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.543-554
<![CDATA[This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.]]>
