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Sultan Agung Notary Law Review
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 19 Documents
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Search results for , issue "Vol 4, No 3 (2022): September 2022" : 19 Documents clear
Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties Didid Muhammad; Sri Endah Wahyuningsih; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.868-881

Abstract

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
The Efforts to Settle Non-performing Loans through the Execution of Mortgage Guarantees without a Court Decision Arif Sujatmaka; Widhi Handoko
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.809-821

Abstract

The purpose of this study is to find out and analyze efforts to resolve non-performing loans through the execution of mortgage guarantees without a court decision and to find out and analyze the legal consequences of the execution of mortgage guarantees without going through a court decision. The research approach method used in this journal is a sociological juridical approach. . Collecting data using interview methods, document studies or library materials. After the researcher collected data, then the data obtained from the interviews and document studies were analyzed qualitatively. Qualitative data analysis, is a research method that produces descriptive data analysis, namely what was stated by the respondent in writing or verbally and also his real behavior, researched and studied as a whole. After the data analysis is complete, the results will be presented descriptively, namely by telling and describing what is in accordance with the problems studied. Furthermore, a conclusion is drawn which is the answer to the problems raised in this study. Efforts made by the Bank include collecting in the form of money to customers, restructuring credit, conducting mortgage auctions, direct write off method which is carried out when a receivable is believed to be uncollectible or repaid by the debtor, resulting in losses on receivables, directly debited to the accounts receivable loss account so that the reserve for receivables loss account is no longer used and as a result of the law the auction is null and void.
The Responsibility of Werda Notary to Deals the Problems What Has Done Shinta Rahmatika Damayanti; Bambang Tri Bawono; Widhi Handoko
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.745-755

Abstract

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.
The Role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in Prevention of Land Mafia Hamidah Nur’Ainiyah; Widhi Handoko; Achmad Arifullah
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.882-894

Abstract

This study aims to analyze: 1) The role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency. 2) Legal protection for victims of land certificates transferred by the land mafia. The approach method used in this study is an empirical juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data sourced from interviews and literature studies. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The role of Land Deed Making Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency was carried out to provide legal certainty and protection for the community. The role of the PPAT is to ensure that the parties who will carry out the sale and purchase transactions, read and sign the deed in front of the parties, check and match documents to the BPN, and act carefully in making the deed. Meanwhile, the role of BPN is to reform human resources, re-examine files from PPAT, accelerate PTSL, socialize electronic certificates. 2). Legal protection for victims of land certificates transferred by the land mafia in a preventive manner is by preventive measures such as forming a task force for eradicating land mafias, increasing the integrity and professionalism of law enforcement officers, BPN and PPAT, increasing cooperation between officers, accelerating certification with the PTSL program, as well as providing strict criminal threats to land mafia perpetrators who are proven to have committed crimes. The repressive protection provided to the victim is in the case of the land mafia related to overlapping certificates, multiple certificates, and others, which can be resolved in several ways, such as mediation between village heads or through a court lawsuit.
The Provision of Unsecured Micro Business Loans at Bank BKC Susukan Branch Office of Cirebon Regency Carki Carki; Jawade Hafidz; Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.822-831

Abstract

Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral. 
Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects Adyesha Nur Salma; Taufan Fajar Riyanto; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.756-770

Abstract

Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
The Role and Responsibilities of a Notary in Making a Certificate of Inheritance for Disbursement of Time Deposit Savings Funds by the Heirs Ibnu Adi Prasetyo; Bambang Tri Bawono; Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.895-906

Abstract

A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.
The Role of the Notary Honorary Council on the Confiscation of Minutes of Deed by Police Investigators Ahmad Ramadan; Amin Purnawan; Lathifah Hanim
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.832-845

Abstract

The purpose of this study was to identify and analyze the role of the notary honorary council in the confiscation of the minutes of deed by the Southeast Sulawesi regional police investigators. And to find out and analyze the process of examining a criminal case allegedly carried out by a notary with the offense of entering false information in an authentic deed. The research method usedis a sociological juridical method. The sociological juridical research method is legal research that uses secondary data as initial data which is then continued with primary data in the field or on the community, examines the effectiveness of a ministerial regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consists of from the study of documents or library materials and interviews. The results of this study found that: first, the Regional Notary Honorary Council from the results of the examination by the examining council could not give approval for the confiscation of the minutes of the notary deed but gave permission to the investigator to take a photocopy of the minutes of the notary deed. Second, from the results of the examination by the examining board, there was also no offense of entering false information into the minutes of the deed. Even from the results of the examination it was also found that the complainant did not question the contents of the deed, but what was questioned was his absence at the General Meeting of Shareholders (GMS), and in the minutes of the GMS there was the signature of the reporter which indicated that the reporter was present at the GMS and the Reporting Party itself was also present.
The Juridical Analysis of the Use of Electronic Signatures on Electronic Land Certificates in the Conception of Legal Certainty Abdullah Galih Nanda Prasetya; Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.771-785

Abstract

This study aims to analyze: 1) Juridical analysis of the use of electronic signatures on electronic land certificates in the conception of legal certainty. 2). Legal protection for electronic certificate holders as a guarantee of ownership of land rights. The approach method used in discussing this research problem is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The use of electronic signatures on electronic land certificates in the conception of legal certainty is legal and can be used as authentic evidence if needed in court. The use of electronic signatures on electronic land certificates guarantees legal certainty for land owners. The use of electronic signatures in court is a form of expansion of valid evidence in accordance with the applicable procedural law in Indonesia. An electronic signature has the same proving power as an authentic deed. As stipulated in the ITE Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 and Spatial Planning/Head of National Land Agency of the Republic of Indonesia Number 1 of 2021. 2) Legal protection for electronic certificate holders as a guarantee of ownership of land rights is guaranteed by law. Repressive protection regarding electronic land certificates, as evidence of electronic ownership is recognized by the Electronic Information and Transaction Law (UU ITE). In terms of validity, there are no problems, especially since it has been strengthened in Article 5 of the Ministerial Regulation of ATR/BPN No. 1 of 2021, as well as Article 84 of Government Regulation No. 18 of 2021. Meanwhile, preventive protection for security has been prepared by the Ministry of ATR/BPN in anticipation of data leakage through collaboration with BSSN. . The electronic land certificate will enforce an electronic signature and use a Hash Code (a method to verify authenticity) and a QR Code (a matrix code created so that its contents can be parsed at high speed which requires a scan or scan to open it) guaranteed by the National Cyber and Crypto Agency (BSSN).
The Issuance of Land Certificates from an Electronic System Anisya Nur Setyani; Dahniarti Hasana; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.716-727

Abstract

The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates.

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