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[The Effectiveness of Demak Regency Spatial Planning Policy through the Role of a Notary as An Official who Makes Land Deeds ]]>
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Witasari, Ariyani]]>;
<![CDATA[Listyowati, Peni Rinda]]>;
<![CDATA[Rodhiyah, Siti]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.37899
<![CDATA[Demak Regency asone of the autonomous regions has authority derived from Law No. 26 of 2007 concerning Spatial Planning, the authority for spatial planning is regulated in Article 11 that: the authority of the district/city regional government in implementing spatial planning includes: a. regulation, guidance and supervision of the implementation of the planning district/city regional space and district/city strategic areas.This writing aims to find out what the Spatial and Regional Planning Policy is related to Space Utilization in Demak Regency and how effective the Spatial Utilization policy is through the role of Notaries as Officials Making Land Deeds. The method used is a sociological juridical approach, the data used is primary data and secondary data, the theory used to analyze the problem is the theory of authority and the theory of effectiveness. The research results show 1. Space utilization in Demak district, namely: 1) Land use in Demak district is rice fields (58.79%). Non-paddy agricultural land consisting of fields/gardens, ponds and community forests occupies 23.13% of the total area, while the remainder (18.08%) is used for housing, industry, trade and offices as well as other public infrastructure. 2) Regional development, one example of developing industrial designated areas as referred to in article 64 of the 2011 Demak Regency RTRW Regional Regulation. Industrial designated areas are mostly in Demak Regency with an area of approximately 7,646 ha. The largest industrial area allocation is in Sayung and Karangtengah sub-districts because it is a top priority in the National Industrial Development Master Plan. 2. The effectiveness of Spatial Planning policies in Demak Regency through the role of the notary as PPAT, carried out in procedures for making authentic deeds related to land, must go through technical considerations for the activity of issuing suitability of space utilization activities issued by the Demak Regency Land Office and Approval of Space Utilization Activities. issued by the Peran Demak district government through the One Stop Investment and Integrated Services.]]>
<![CDATA[Duties and Authorities of the Sub-district Head as Temporary PPAT in Making Deeds Concerning Land (Study in Batang Regency) ]]>
<![CDATA[Pratama, Aditya Nur]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42427
<![CDATA[Duties and authorities of the sub-district head as a temporary PPAT in making land deeds (study in Batang Regency) Land Deed Making Officers (PPAT) Notaries in Batang Regency have not yet reached sub-districts far from the city, this is a problem considering the vastness and spread of these areas. Therefore, in order to achieve equal legal certainty in the agrarian sector, especially land registration, once again the role of the sub-district head is still very much needed. The following problems arise: 1) Why are there no Sub-district Heads in Batang Regency who are Temporary PPATs?, 2) What is the role of the Sub-district Head who is appointed as Temporary PPAT in the Land Registration process in Batang Regency, Central Java?, 3) What are the obstacles faced by the Sub-district Head as a Temporary Land Deed Making Officer in the Land Registration Process in Batang Regency, Central Java? The objectives to be achieved from this study are: 1) To find out the reasons or factors that cause all Sub-district Heads in the Batang Regency, Central Java, not to become Temporary PPATs. 2) To find out what the roles of the Sub-district Head as a Temporary PPAT official are in the Land Registration Process in Batang Regency, Central Java. 2) To find out and examine the obstacles faced by the Sub-district Head in his role as a Temporary PPAT official in the Land Registration process in Batang Regency, Central Java. The results of the research and discussion on the implementation can be concluded: 1) The implementation of the duties and authority of the sub-district head as a Temporary PPAT in making land deeds in Batang Regency is carried out in accordance with the provisions of applicable laws and regulations, 2) Several obstacles faced by the Sub-district Head as a Temporary PPAT related to the implementation of duties and authority in making land deeds, 3) Efforts made by the Sub-district Head as a Temporary PPAT in overcoming obstacles faced during the implementation of duties and authority in making land deeds.]]>
<![CDATA[Legality of Credit Agreements with Fiduciary Guarantees made with Artificial Intelligence (AI) ]]>
<![CDATA[Hanim, Lathifah]]>;
<![CDATA[Rinda Listyawati, Peni]]>;
<![CDATA[Noorman, MS]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42429
<![CDATA[Fiduciary Guarantee before being used as collateral in a credit agreement, it is mandatory to register the fiduciary first. Electronic fiduciary registration still has problems including network disruptions, system errors and is vulnerable to cyber attacks. Smart contract integration with electronic fiduciary guarantee registration can be a solution to these problems. Smart contract as a form of artificial intelligence / Artificial Intelligence (AI). The purpose of this study is to analyze the legality of credit agreements with fiduciary guarantees made with Artificial Intelligence (AI). The type of research used is empirical legal research, supported by primary and secondary data. The results of the research are that Smart contract is a computer program that can make agreements automatically with the blockchain system.AI is generally viewed as a legal object, not a legal subject. This is because AI is a tool or device used by humans to achieve certain goals. The requirements for the validity of an agreement (including a credit agreement with fiduciary guarantee) remain based on Article 1320 of the Civil Code.]]>
<![CDATA[A Facile Review on the Legal Issues concerning the Implementation of the Administration of Criminal Justice Act of Nigeria ]]>
<![CDATA[Aidonojie, Paul Atagamen]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.24847
<![CDATA[No doubt that the Administration of Criminal Justice Act of Nigeria 2015 brought innovative provisions in ensuring justice is served to the society. However, despite the innovative provision of the Act, there seem to be a high level of maladministration of justice. Given this, the study undertook doctrinal and non-doctrinal research on how effective the police, the prison officers, the office of the Attorney-General of Nigeria, and the court have been able to enforce their functions as provided by the ACJA of Nigeria. The study used online survey questionnaires sent to 302 legal practitioners (randomly selected) in Nigeria, given their pragmatic knowledge of ACJA of Nigeria. A descriptive and analytical statistic was used to analyse the respondents’ response in ascertaining if the above ministers of justice have been effective in enforcing their roles as specified by ACJA of Nigeria. Given the data generated, the study found that there has been a lapse in the effective implementation of ACJA in Nigeria. It was therefore concluded and recommended that the Administration of Criminal Justice Monitoring Committee set up by the ACJA of Nigeria need to exact their duties in check-mating the police, the office of AG of Nigeria, and the courts to ensure the maximum enforcement of their functions.]]>
<![CDATA[Islamic Law in National Legal System (Theory of Applicability, Development and Implementation in Indonesia) ]]>
<![CDATA[Wahyudi, Trubus]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42428
<![CDATA[Indonesia is a country of law based on Pancasila and the 1945 Constitution of the Republic of Indonesia, upholding ethical values and moral values, as well as the noble personality of the nation, believing in and being devoted to God Almighty, and respecting diversity in social, national and state life, and protecting the dignity and honor of every citizen. The Unitary State of the Republic of Indonesia also aims to realize an orderly, clean, prosperous and orderly life in the life of the nation, state and society. ExistenceIslamic law is closely related to the Islamic religion which is always interesting to study and discuss, because the majority of the population of Indonesia is Muslim. Because Islamic law always follows and cannot be separated at all from the "Principle of Islamic Personality" where people who adhere to Islam are located. The existence of Islamic law has long been understood as an inseparable part of the awareness of Indonesian society regarding law and justice, the existence of which is clear within the framework of contribution as raw material for national law, even as a form of transformation of Islamic law into the national legal system.]]>
<![CDATA[Legal Review of Electronic Signatures in Signing Notarial Deeds Reviewed from Law Number 2 of 2014 Concerning Amendments to Law Number 30 of 2004 Concerning the Position of Notary ]]>
<![CDATA[Utomo, Didik Setyo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42408
<![CDATA[The signature in a notarial deed in the past was a wet or conventional signature, but with the development of the current era, there are many electronic signature practices. Notarial deeds with wet signatures have been recognized as valid in the eyes of the law, while notarial deeds with electronic signatures have not yet been recognized as valid, so it is necessary to analyze their nature in order to find legal arguments so that electronic signatures can be used in parallel in electronic certificates in civil procedural law. The legal force of the electronic signature needs to be analyzed if there is a dispute between parties to the electronic agreement and also the position of the electronic signature can or cannot be equated with the legal purpose of a conventional signature. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The conclusion is that the validity of the electronic signature in a notarial deed, as stipulated in the Electronic Information and Transactions Law, is still not recognized.]]>
<![CDATA[Notary's Responsibility for Making a Deed of Statement of Meeting Decisions Based on Circular Meeting Decisions as a Substitute for the General Meeting of Shareholders (GMS) ]]>
<![CDATA[Naim, Muhammad]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42409
<![CDATA[This study aims to find out and analyze the notary's responsibility for making a deed of statement of meeting decisions based on circular meeting decisions as a substitute for a general meeting of shareholders (GMS) and to find out and analyze the position of the deed of notary made in connection with the existence of a lawsuit for unlawful acts resulting from the Deed of Statement of Meeting Decisions Based on Circular Meeting Decisions as a Substitute for the General Meeting of Shareholders (GMS).This study uses a normative legal library research method and from the results of the author's research, there are several problems that arise due to the making of a deed of amendment to the articles of association by a notary based on a circular decision. The results of the study show that notariesnot responsible for all kinds of substantial truth of the statements of the parties contained in the circular decision deed and the deed made because the existence of a lawsuit for an unlawful act does not automatically make it null and void by law if the elements of an unlawful act are not fulfilled.]]>
<![CDATA[Legal Problems of Cancellation of Deed of Sale and Purchase of Land Rights Due to One of the Parties Committing Default ]]>
<![CDATA[Kholid, Muhammad Idham]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42410
<![CDATA[This study aims to analyze: 1) Legal problems of land rights sale and purchase because one party is in default. 2). Legal protection for the injured party due to the cancellation of the land rights sale and purchase deed because one party is in default. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data. obtained from literature studies. The analysis in this study is descriptive analytical. The results of the study concluded: 1). Legal problems of land rights sale and purchase because one party is in default, namely the party who feels aggrieved has the right to sue the Court to claim compensation, in the form of compensation for costs, losses and interest. Default causes legal certainty to be disturbed because the other party becomes uncertain about their rights and obligations. 2) Legal protection for the injured party due to the cancellation of the land rights sale and purchase deed because one party is in default, namely must include preventive and repressive measures. With preventive measures, such as making clear deeds and checking the legality of the land, as well as repressive measures, such as lawsuits and enforcement of sanctions, the legal system can provide comprehensive and effective protection for the injured party. This approach ensures that the law not only functions as a dispute resolution tool but also as a preventive mechanism that maintains justice and legal certainty in land sale and purchase transactions. However, legal protection does not apply to all buyers but only applies to certain buyer criteria. The criteria for buyers who are protected are those who have good intentions.]]>
<![CDATA[The Role of Notaries in Making Marriage Agreement Deeds After the Constitutional Court Decision Number 69/PUU-Xlll/2015 in 2015 ]]>
<![CDATA[Izza, Karelina Fatimatun]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i2.42426
<![CDATA[Problems in marriage certainly result in very systematic legal consequences, especially regarding the rights and obligations of husband and wife, the legal status of husband and wife, family assets and children born in marriage, and assets of husband and wife that are not clearly regulated are feared to cause a mixture of the assets brought by each party and cause problems between the two parties. The purpose of this study is to analyze the implementation of the Marriage Agreement before and after the Constitutional Court Decision Number 69/PUU-Xlll/2015 and to determine the role of the Notary in relation to the preparation of the Marriage Agreement deed after the Constitutional Court Decision Number 69/PUU-Xlll/2015. The research method used is the Sociological legal approach method, namely research that focuses on the legal science aspect and connects the legal rules that apply in society. This approach method is used because it focuses on existing legislation and is related to practice in the field. From the results of the analysis and discussion regarding the role of Notaries in making Marriage Agreement Deeds after the Constitutional Court Decision Number 69/PUU-Xlll/2015, it can be concluded that before the Constitutional Court decision, marriage agreements can only be made before the marriage takes place, while after the Constitutional Court decision, marriage agreements can be made before and during the marriage takes place and Notaries still have the authority to make marriage agreement deeds. The mechanism used is to write down the wishes of the husband and wife by applying Article 1338 of the Civil Code concerning the freedom to make contracts and Article 1320 of the Civil Code concerning the valid requirements for agreements.]]>
