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[Position and Legal Consequences of Deed of Recognition of Illegitimate Children Made by a Notary ]]>
<![CDATA[Riyanto, Syahvaldo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34257
<![CDATA[This research aims to analyze: 1) The legal position of deeds of recognition of illegitimate children made by Notaries. 2) Legal consequences of the deed of recognition of illegitimate children made by a Notary. This type of research is descriptive research. The approach method used in this research is the statutory approach. This type of research falls within the scope of normative legal research. The type and source of data in this research is secondary data. obtained by literature study. The analysis in this research is prescriptive. The results of the research concluded: 1) The legal position of the deed of recognition of illegitimate children made by a notary is that the notary's position as a public official is an honorable position given by the state attributively through law to someone who is trusted. Based on Article 281 of the Civil Code which states that recognition of illegitimate children can be done with an authentic deed, if it has not been contained in the birth certificate or at the time of the marriage. However, the legal position of the deed of recognition of illegitimate children made by a notary based on Article 281 of the Civil Code is ambiguous. after the publication of Presidential Regulation of the Republic of Indonesia Number 96 of 2018 concerning Requirements and Procedures for Population Registration, which in Article 51 states that the registration of recognition of children of residents in the territory of the Unitary State of the Republic of Indonesia who are born outside of a valid marriage according to religious law or belief in God Almighty , carried out based on a court order. 2) The legal consequences of the deed of recognition of illegitimate children made by a Notary, namely the deed of recognition of illegitimate children made by a notary has important legal consequences regarding legal proof, granting children's rights, official identity of children, legal obligations of children and legal protection to child. However, based on Presidential Decree Number 96 of 2018, the deed of recognizing a child made by a notary is not authentic because the notary does not have the authority to make a deed recognizing an illegitimate child because the determination is made based on a court order.]]>
<![CDATA[Analysis of the Role and Responsibilities of the National Land Agency (BPN) in Resolving Land Boundary Dispute Cases ]]>
<![CDATA[Wirawan, Rifqi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34249
<![CDATA[This research aims to analyze: 1) The role of the National Land Agency (BPN) in resolving land boundary dispute cases in Pekalongan Regency. 2) The responsibility of the National Land Agency (BPN) in resolving land boundary dispute cases in Pekalonga Regency. This type of research is descriptive research. The approach method in this research is a sociological juridical approach. This type of data uses primary data and secondary data obtained from interviews and literature studies. The analysis in this research is descriptive qualitative. The results of the research concluded: 1) The role of the National Land Agency (BPN) in resolving cases of land boundary disputes in Pekalongan Regency is as a mediator in resolving these cases. Land disputes in the Pekalongan Regency area which are minor land boundary disputes are generally resolved by both parties to the dispute with mediation and the Pekalongan Regency Land Office acts as mediator. However, it is not uncommon that because the problems are complicated and the disputing parties are difficult to mediate, in the end the settlement is carried out through the courts. However, even in court, the Land Office will still be the party asked for information. 2) The responsibility of the National Land Agency (BPN) in resolving cases of land boundary disputes in Pekalongan Regency, namely that BPN is not only responsible until someone makes administrative efforts, but BPN is given the burden of implementing PTUN decisions related to its main task, namely issuing certificates. . In this regard, certificates that have been canceled by the PTUN which already have legal force must still be followed up in terms of revoking or canceling the certificate. Apart from that, BPN is also responsible for carrying out preventive efforts so that land boundary disputes do not occur. One way is to install land stake boundaries. The installation of land boundary markers is part of the Community Movement for Installing Boundary Marks (Gema Patas) program launched by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN).]]>
<![CDATA[Notary's Authority in Making Deeds Related to the Takeover of Collateral (AYDA) as an Alternative for Resolving Bad Credit ]]>
<![CDATA[Agustina, Saptarina Dian]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34258
<![CDATA[This research aims to analyze: 1) The authority of notaries in the Notary Position Law (UUJN) regarding the making of collateral takeover deeds (AYDA) as an alternative for resolving bad credit. 2) Procedures that must be followed by notaries in assisting in resolving bad debts through AYDA. The approach used in this research is the statutory approach. This type of research is normative legal research. The type and source of data in this research is secondary data. obtained by literature study. The analysis in this research is prescriptive. The results of the research are concluded: 1) The authority of a notary in the Notary Position Law (UUJN) is related to making a collateral takeover deed (AYDA) as an alternative for resolving bad credit, namely making authentic deeds to transfer collateral belonging to customers who receive facilities. The bank must legally have a legal basis for the transfer of collateral. The deeds made by the Notary in the implementation of AYDA are the Deed of Sale and Purchase Agreement, the Deed of Authorization to Sell, and the Deed of Settlement Agreement for problematic financing with the voluntary delivery of collateral. Notaries also play a role in the process of changing the name of collateral, PPJB, and matters relating to Mortgage Rights (SKMHT and APHT), carrying out the roya process for objects to be mortgaged at the National Land Agency, to ensure that the collateral objects are not bound by any agreement. For the process of selling collateral through an auction at the State Property and Auction Services Office, hereinafter referred to as KPKNL, the notary acts as a Class II Auction Officer as the official who makes the Deed of Auction Minutes. In connection with the implementation of AYDA in banking, of course there is still a need for a notary as an official who has the authority to make authentic deeds as per their authority in Article 15 UUJN. 2) The procedures that must be followed by notaries in assisting in resolving bad debts through AYDA are examining documents and information, verifying ownership and authority, coordinating between related parties, preparing legal deeds, registering and archiving documents and providing legal certainty. Notaries have the responsibility to ensure that the process of resolving bad debts and making deeds occurs in accordance with applicable law. This includes ensuring the validity of documents and clarity of the legal processes involved.]]>
<![CDATA[The Effectiveness of Electronic Land Title Certificate Checking Services in Helping PPAT Perform Their Job Duties ]]>
<![CDATA[Wahid, Muhammad Luqman]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34251
<![CDATA[This research aims to determine and analyze the effectiveness of the implementation of electronic certificate checking services for the PPAT of Sragen Regency, and to find out the constraints and obstacles experienced by the PPAT and to find out the legal strength of the electronic checking results as a basis for making deeds for the PPAT. The research approach used in this thesis is an empirical or juridical legal research method. This research specification uses empirical juridical research methods or field research. The types of data used in this research are primary data and secondary data. The data analysis method is by collecting research materials and then analyzing them using description techniques. The results of the research show that the effectiveness of the certificate checking service for PPAT Sragen Regency in assisting their duties and positions is currently not fully effective because there are still several obstacles and obstacles. The results of checking the certificate electronically have legal force and are valid evidence in accordance with the procedural law in force in Indonesia.]]>
<![CDATA[Inheritance Rights for Only Adopted Children Who Are Not Legally Competent Case Study of Tangerang Court Decision ]]>
<![CDATA[Hidayatullah, Moh. Syarif]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34259
<![CDATA[This research aims to determine and analyze the implementation of granting inheritance rights to single adopted children who are not legally competent based on the Judge's decision in Decision Number 640/Pdt.P/2021/PN Tng and to analyze the Judge's considerations in determining single adopted children who are not legally competent as individuals. in forgiveness. The approach method used in this research is the normative juridical method, namely the approach carried out by examining approaches to theories, concepts, and reviewing statutory regulations. The specifications of this research use analytical descriptive. The data used in this research is primary data which includes the 1945 Constitution; Law Number 2 of 2014; Law Number 35 of 2014; Government Regulation Number 54 of 2007; Civil Code, as well as secondary data containing books and other supporting documents. The data collection method in this research uses library study techniques. The data analysis method is qualitative and data is obtained descriptively. The research results show that the process of adopting a child must be carried out in accordance with certain procedures, conditions and must go through a court decision. An adopted child can inherit property from his parents through a testamentary or will. An adopted child who has limitations that make it difficult for him to take legal action or is not legally competent requires that he be appointed a guardian and designated as a person under guardianship.]]>
<![CDATA[Juridical Review of Multiple Certificate Dispute Resolution as Proof of Land Ownership RightsIn Pati Regency ]]>
<![CDATA[Prasetya, Brian Rizqi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34252
<![CDATA[Soil is very closely related to human life. Everyone certainly needs land, in fact land has such an important position for humans, that it gives rise to the desire to control and own it. This sense of wanting to own will ultimately give rise to land disputes. One of the problems is the emergence of double (overlapping) certificates. Double certificates are certificates for the same plot of land. So, one plot of land with 2 (two) or more certificates with different data. This type of research is sociological juridical law by means of a survey, namely research that takes data directly from the population using data collection tools, namely questionnaire interviews, after which the data is taken and processed to obtain conclusions using a deductive method. Meanwhile, if we look at its nature, this research is descriptive, namely research that explains in the form of clear and detailed sentences. Factors that cause double certificates include, a. Land registration map not yet available. b. BPN does not yet have a single map, c. Land/location sizes overlap. d. there is an element of fraud. Resolving Dual Certificate Issues can be done through mediation or litigation (court), and the settlement is taken by the Pati City Land Office.]]>
<![CDATA[The Legal Position of SKMHT (Power of Attorney to Charge Mortgage Rights) in Working Capital Credit Engagements ]]>
<![CDATA[Sulistyaningrum, Ike]]>;
<![CDATA[Hadi Prayitno, Ahmad]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34260
<![CDATA[A Power of Attorney to Encumber Mortgage Rights is a letter containing a power of attorney made or given by the collateral provider or business owner, in this case the debtor as the party giving the power of attorney to the creditor as the party receiving the power of attorney to represent the power of attorney in granting mortgage rights to the creditor for the business capital of the power of attorney. . This research is an Empirical Juridical research aimed at finding out and explaining the procedures for making a Power of Attorney to Charge Mortgage Rights (SKMHT) in providing business capital credit facilities at Bank Mandiri, Tegal City, to find out and explain the legal position of a Power of Attorney to Charge Mortgage Rights (SKMHT) in granting credit. business capital at Bank Mandiri Tegal City and to find out and explain the legal consequences of a Power of Attorney Imposing Mortgage Rights (SKMHT) on debtors in default at Bank Mandiri Tegal City. The research approach used in this thesis is an empirical juridical legal research method which relies on primary data (field research) and the research specifications applied in this research are analytical descriptive with a population and the sampling technique used is non-random sampling with purposive sampling. The results of this research indicate that the procedure for making a Power of Attorney to Charge Mortgage Rights (SKMHT) must be made specifically and authentically before a Notary, preceded by the signing of a credit agreement. The position or function of a Power of Attorney to Encumber Mortgage Rights (SKMHT) is as a power of attorney addressed to the holder of mortgage rights or another party to represent the person giving the mortgage rights. In the event that the debtor defaults, the recipient of the power of attorney can proceed with making a Deed of Granting Mortgage Rights so that the creditor is a preferential creditor.]]>
<![CDATA[Roles and Responsibilities of Notaries in the Establishment of Limited Liability Companies After the Implementation of Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation ]]>
<![CDATA[Setyawan, Rony]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34253
<![CDATA[This research aims to analyze: 1) Provisions for establishing a Limited Liability Company according to Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation. 2) The role and responsibilities of a notary in establishing a Limited Liability Company in connection with the enactment of Law No. 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation. This type of research is normative legal research. The approach method in this research is the statutory approach. This type of data uses secondary data obtained from literature studies. The analysis in this research is prescriptive. The research results concluded: 1) Provisions for the establishment of a Limited Liability Company according to Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation, namely that the Law Maker differentiates the Establishment of a Limited Liability Company established by 2 (two) people or more with an Individual Limited Liability Company, but both types of Limited Liability Company must both have legal entity status. The difference is, a Limited Liability Company established by two or more people must be carried out with a notarial deed made in Indonesian. Meanwhile, an Individual Limited Liability Company is established based on a Statement of Establishment made in Indonesian. 2) The role of a notary in establishing a Limited Liability Company in connection with the enactment of Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation, namely making an authentic Deed in accordance with Article 109 of Law No. 6 of 2023 concerning Determination Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation which states that a Company is established by 2 (two) or more people with a notarial deed made in Indonesian. The deed created as the basis for the formation of the PT is known as the Deed of Establishment. The responsibility of a notary begins when the deed of establishment is drawn up before a notary which includes, among other things, the formulation of the aims and objectives of the company, therefore the notary is required to be as thorough as possible regarding the matters contained in the Deed of Establishment. The notary is fully responsible for the data entered and the notary is ready to accept all forms of sanctions if it is proven that the notary has violated statutory provisions.]]>
<![CDATA[Obligations of Notaries in Providing Free Legal Services to People Who Are Poor ]]>
<![CDATA[Yustisianto, Dwi]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34256
<![CDATA[This research aims to analyze: 1) Notaries' obligations to provide free legal services to people who cannot afford it. 2) Legal sanctions for notaries who refuse to provide free legal services to people who cannot afford it.The approach method used in this research is a qualitative approach. This type of research falls within the scope of sociological juridical research. The types and sources of data in this research are primary and secondary data obtained through interviews and literature study. The analysis in this research is descriptive qualitative. The results of the research concluded: 1) The obligation of a notary to provide free legal services to people who cannot afford it is contained in Article 37 paragraph (1) UUJN, that notaries are obliged to provide legal services in the field of notarial services free of charge to people who cannot afford it. This article shows that people who cannot afford it can be given free notary services. The obligation of notaries to provide free legal services to poor people in Article 37 paragraph (1) UUJN gives hope that poor people can still get services from notaries. However, this norm is vague and unclear, this is because there is no clear explanation of the meaning of this article, and there are no other regulations that explain this matter. Providing free legal services in the notarial field from the Notary is based on confidence because there is an assumption that initially arises based on the Notary's assessment regarding the appearance and legal services required by clients who come to him, so that from that assessment the Notary can make a decision to provide services free legal services. And the client's candor towards the Notary is due to the honesty conveyed by the client regarding his inability to pay the honorarium for the legal services he requires. 2) Legal sanctions for notaries who refuse to provide free legal services to people who cannot afford them include sanctions such as verbal warnings, written warnings, temporary suspension, respectful dismissal, dishonorable and respectful dismissal. Sanctions are a form of government action, so that Notaries carry out Article 37 (1) UUJN in accordance with applicable regulations.]]>
<![CDATA[The Mechanism for Issuing Property Rights Certificates by the Land Office based on Village Letter C (Case Study at BPN Kendal Regency) ]]>
<![CDATA[Afwan, Muhammad Bagus Satriyan]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34245
<![CDATA[The state's recognition of land rights owned by legal subjects, which gives rise to control over land, makes the State obliged to guarantee legal certainty regarding land rights by registering land and issuing certificates as proof of land ownership. Before the certificate is issued, there is proof of ownership or control of land called a Copy of Letter C/Letter C, Girik, Petuk D or Kekitir. This research aims to: 1) determine and analyze the mechanism for issuing Ownership Certificates by the Kendal Regency Land Office based on Village letter C. 2) know and analyze the legal certainty of the Certificate of Ownership Rights based on Village letter C at the Kendal Regency BPN. This research uses an empirical juridical approach, namely by examining secondary data first and then continuing by conducting research on primary data in the field. Holders of certificates of land rights according to the law in force in Indonesia will have stronger rights claims, but the problem will not be that simple, because there is definitely the potential for land disputes. The process of issuing a certificate of ownership as strong evidence of ownership of land issued by the Kendal Regency Land Office is in accordance with applicable law in Indonesia. The results of the research show that the mechanism for issuing property rights certificates by the Kendal Regency Land Office, including systematic land registration for the first time through the National Agrarian Operations Project (Prona) through stages based on the laws and regulations in force in Indonesia , however, there are many requirements for the validity of a registration application. which was manipulated and indicated that there was an unlawful act. The legal certainty of the Certificate of Ownership issued by the Kendal Regency Land Office can still be contested. Heirs who object to the issuance of the certificate can file a lawsuit with the local court. The court will decide based on evidence that convinces the judge whether there is an unlawful act in issuing the certificate or confirming the issuance of the certificate.]]>
