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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 9 Documents
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Search results for , issue "Vol 7, No 3 (2025): September 2025" : 9 Documents clear
Analysis of the Accountability of Land Deed Officials for the Transfer of State Land (Court Decision Number 33/Pdt.G/2019/Pn.Cbi) Iswara, Alfido Firmansyah; Riyanto, Taufan Fajar
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.191-205

Abstract

Protection of land based on the 1945 Constitution of the Republic of Indonesia (UUD 1945) can be found in several articles that emphasize the principle of state control over natural resources including land, as well as the state's obligation to regulate, manage and protect it for the prosperity of the people. The aim of this research is Uto find out and analyze PPAT's responsibilities in making deeds of transfer of state land and completing the transfer of rights to state land. The type of research used by the researcher is legal sociology. Legal sociology is a type of legal research known as field research, which relates to legal provisions and the realities of society.Descriptive-qualitative research. Descriptive-qualitative research is research that explains, records, analyzes, and interprets the object being studied based on observations, interviews, and documentation. The analysisThe qualitative method used is a way of interpreting and discussing research results based on interviews with informants, understanding of law, legal norms, legal theories and doctrines related to the main problem. The research results obtained were:The case of the transfer of Building Use Rights (HGB) involving PPAT in the case of PT Sentul City Tbk illustrates a form of negligence in the implementation of administrative authority and legal responsibility of PPAT as regulated in PP No. 24 of 1997 concerning Land Registration and Regulations on the Position of PPAT (Regulation of the Head of BPN No. 1 of 2006 in conjunction with No. 8 of 2012). The PPAT is considered to have violated the due care principle because it made a deed of transfer of land rights without ensuring the validity of the land status which is still legally problematic or overlaps with the rights of other parties. The case of the transfer of Building Use Rights (HGB) involving the PPAT in the case of PT Sentul City Tbk shows that the implementation of the PPAT's duties has a crucial role in realizing legal certainty in the land sector, resulting in the registration process and issuance of new certificates at the National Land Agency (BPN) being administratively flawed and creating legal uncertainty for the interested parties.
Responsibility of Land Deed Officials For Sale and Purchase Deeds Without Certificate Checking at The National Land Agency Tegal City Marsetyaningrum, Imas Ratri
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.275-292

Abstract

This study aims to determine and analyze the responsibility of land deed making officials in making sales deeds without checking the certificate at the National Land Agency of Tegal City and to determine and analyze the legal consequences of making sales deeds without checking the certificate at the National Land Agency of Tegal City. The approach method in this study is an empirical juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The Theory of Legal Responsibility According to Abdulkadir Muhammad and Theory of Legal Certainty according to Gustav Radbruch. The results of the research and discussion in this study are: 1) The Responsibility of the Land Deed Making Official in making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency as happened in Tegal City and Depok City is a form of PPAT responsibility due to unlawful acts committed due to negligence (negligence tort lilability), based on the concept of fault related to morals and law, this clearly deviates from legal protection for the parties (seller and buyer), so that the PPAT is charged with a form of civil liability due to negligence of objective requirements. This is to maintain important aspects of protection of land objects, important aspects of the parties, aspects of legal certainty of the Sale and Purchase Deed and aspects of legal protection for the PPAT. 2) The Legal Consequences of Making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency of Tegal City deviate from the objective requirements aspect where the problem does not arise from the error or negligence of the PPAT but arises due to the client's dishonesty regarding the accuracy of the administrative requirements as the basis for making the deed which can result in the deed being null and void by law (nietigheid van rechtswege). However, in this case, the error arises from the parties, so it is important for a PPAT to implement the principle of caution in recognizing the parties, this is a form of PPAT anticipation of legal actions in the future and the absence of disputes for the parties and the legal consequences for PPAT receiving the first written warning from the Tegal City Land Office as a violation of administrative responsibility and a form of care for caution as stated in Article 3 letter F of the Code of Ethics of the Association of Land Deed Making Officials No: 112 / KEP-4.1 / IV / 2017 that in carrying out his position PPAT is obliged to work with a full sense of responsibility, independently, honestly, and impartially. PPAT as a public official is not only responsible for the administrative formality aspects but is also required to ensure that the deed made does not contain elements of coercion, fraud or imbalance that violates the principle of justice.
Legal Protection for Notaries in the Preparation of Authentic Deeds Without Signature and Fingerprint Hamid, Nadra Meilani
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.206-218

Abstract

This study examines legal protection for notaries in the preparation of authentic deeds without signatures and fingerprints, referring to Decision Number 85 K/Pid/2012 as a case study. An authentic deed is written evidence with full evidentiary force, therefore, its preparation must meet the formal requirements specified in the Notary Law (UUJN). The signature and fingerprints of the person appearing serve as verification of the identity, presence, and compliance with the parties' wishes. Failure to meet these requirements can give rise to legal issues that impact the notary's administrative, civil, and criminal liability. This study uses a normative legal method with a statutory and conceptual approach. The results indicate that notaries continue to enjoy legal protection as long as they carry out their duties in accordance with the provisions of the UUJN and the precautionary principle. There is also a gap in the norm regarding the inability of the person appearing to provide fingerprints, which has not been regulated in detail. Therefore, regulatory reform is needed to provide legal certainty for notaries.
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights Satria Linanda, Ivan Rizal; Arifullah, Achmad
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.293-306

Abstract

This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Analysis of the Role of Notaries in Changing a Sole Proprietorship (PT) to a Regular Limited Liability Company (PT) Nuryana, Nuryana; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.219-232

Abstract

This study aims to analyze: 1)The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). 2). The responsibility of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). This type of research falls within the scope of normative legal research. The approach method in this research is the statute approach. The type of data in this research is secondary data. Secondary data sources consist of primary, secondary, and tertiary legal materials. The data collection method in this research is using library techniques (document study). The analysis in this research is prescriptive. The results of the research conclude: 1). The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT) is the implementation of the attribution authority granted by the state as regulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). In its implementation, a notary is authorized to make an authentic deed as a legal basis for changing the status of a legal entity, adjusting the articles of association in accordance with Law Number 40 of 2007 concerning Limited Liability Companies, and ensuring that the legal provisions for establishment are met as stipulated in Article 7 paragraph (1) of the PT Law. The notary also plays a role in verifying the data and documents of the parties, preparing a Deed of Statement of Change of Status, and submitting the ratification of the change through the Legal Entity Administration System (SABH) at the Ministry of Law and Human Rights. In addition to being an official who makes the deed, the notary acts as a legal advisor who ensures that the entire process of changing the legal entity runs according to procedure, based on the principle of legal certainty (rechtszekerheid) and orderly administration, so that the resulting deed has binding legal force and protects the legal interests of the parties. 2) The notary's responsibilities in changing an Individual PT into an Ordinary PT include administrative, civil, criminal and ethical aspects, as stipulated in statutory regulations. Notaries are responsible administratively under Article 85 of the UUJN, civilly under Article 1365 of the Indonesian Civil Code, and criminally under Article 266 of the Indonesian Criminal Code, and are required to comply with the Notary Code of Ethics (INI). Legally, these responsibilities reflect the principles of accountability and legal certainty (rechtszekerheid) so that the deeds they create have valid legal force and protect the rights of the parties.
Legal Protection of Women's Rights in the Division of Joint Assets Due to Divorce Watiah, Watiah; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.233-245

Abstract

This study aims to analyze: 1)The status of joint property between husband and wife after divorce. 2) Forms of legal protection for women's rights in the division of joint property after divorce. This type of research is normative legal research. The approach method in this research is a statute approach. The type of data in this study is secondary data sourced from primary, secondary, and tertiary legal materials. The data collection method uses library techniques (document study). The analysis in this study is prescriptive. The results of the study conclude: 1) The status of joint assets between husband and wife after divorce remains legally recognized as joint property until a legal division is carried out according to statutory provisions. This division is basically carried out in a balanced manner (½:½) as stipulated in Article 97 of the Compilation of Islamic Law and Article 128 of the Civil Code, but the judge has the authority to assess substantive justice based on the contribution of each party. Theoretically, this principle is in line with Gustav Radbruch's Theory of Justice which places justice as the highest legal value, and is in line with the values of Pancasila justice and Islamic justice which emphasize balance, welfare, and humanity. 2) Forms of legal protection for women's rights in the division of joint assets after divorce include preventive protection and repressive protection. Preventive protection is realized through a marriage agreement, the obligation of joint agreement in the management of joint assets, as well as recording and monitoring assets to prevent unilateral control. Repressive protection is provided through the woman's right to file a lawsuit for the division of joint property, demand the annulment of unilateral legal acts, and acknowledge the wife's non-material contributions, as stipulated in PERMA Number 3 of 2017 and affirmed in several Supreme Court decisions. Support from various regulations such as Law Number 7 of 1984 concerning the Ratification of CEDAW, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence further strengthens the guarantee of women's economic rights after divorce.
PPAT'S Responsibilities in Preparing a Deed of Mortgage Rights That is Cancelled By a Court Decision (Study Decision No. 136/Pdt.G/2019 PN Ckr) Putri, Della Noviana; Wahyudi, Trubus
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.246-258

Abstract

Land Deed Officials, as public officials, are authorized to issue authentic deeds related to legal acts on land, including APHTs, which are crucial for granting mortgages to secure loans. However, courts often revoke APHTs, as in decision 136/Pdt.G/2019/PN Ckr, due to negligence on the part of Land Deed Officials (PPATs) in examining land documents or status, leading to legal uncertainty and losses for creditors. Therefore, a review of the authority and responsibilities of PPATs in issuing APHTs that have been revoked by the court is necessary to strengthen legal certainty and protection for the parties. This research uses a normative (doctrinal) legal method that focuses on the study of written or secondary legal materials. The approaches employed include a statutory approach to analyze applicable legal provisions, a conceptual approach to understand legal doctrine and principles, and a case approach to examine court decisions regarding the annulment of APHTs to examine the judge's considerations and their legal implications. The research results show that the Land Deed Making Officer (PPAT) is a public official authorized to make authentic deeds, including the Deed of Granting Mortgage Rights (APHT), to ensure legal certainty for creditors and debtors. In making APHT, PPAT is obliged to check the validity of the certificate, ensure the identity of the parties, the value of the mortgage, and the object of the mortgage right according to legal requirements, maintain independence and professionalism, make a valid authentic deed, and register the deed on time with the land office. By working carefully and meticulously, PPAT prevents legal defects, disputes, and the risk of administrative, civil, and criminal liability.
Lineage Status and Inheritance Rights of Children from Interfaith Marriages According to the Compilation of Islamic Law (KHI) Afrianto, Afrianto
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.173-190

Abstract

Marriage, lineage, and inheritance law are three interrelated things in human life, because marriage is one of the causes of obtaining lineage and inheritance. From the marriage, lineage can be created and mutual inheritance between husband and wife as well as children and parents. However, it is different if an interfaith marriage occurs, because religious differences are one of the factors that hinder lineage and inheritance. The purpose of this study is to determine and analyze: 1) The legal status of interfaith marriage according to the Compilation of Islamic Law; 2) The lineage status of children born from interfaith marriages according to the Compilation of Islamic Law; 3) Heirs of children from interfaith marriages according to the Compilation of Islamic Law. The research method in this study uses a statutory approach, thus this study is included in the category of normative legal research. The legal materials used are qualitative, consisting of primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature, doctrines, and other scientific works. The collection of legal materials was carried out through library research, while the analysis technique used is qualitative descriptive analysis to provide a systematic description of the legal norms being studied. The research results concluded: 1)The legal status of children in interfaith marriages creates legal uncertainty, both according to Indonesian positive law and Islamic law. In the national legal system, the validity of the marriage is the basis for determining whether a child is legitimate or not. Because interfaith marriages are not recognized according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, then legally children born from such marriages cannot be categorized as legitimate children in the context of Islamic law; 2) From the perspective of Islamic law as stipulated in the Compilation of Islamic Law (KHI), children resulting from a marriage between a Muslim man and a non-Muslim woman do not have a lineage relationship with their father. This is based on the principle that interfaith marriages are invalid in Islam, so they do not give rise to civil legal consequences in the form of determining lineage. Thus, the child's lineage can only be traced to the mother, as regulated in Article 100 of the KHI which emphasizes that illegitimate children only have a lineage relationship with their mother and their mother's family; 3) The implications for inheritance rights cannot be ignored. Because there is no blood relationship between a child and their father in an interfaith marriage, there is no inheritance relationship between them. This is in line with Article 171 letter c and Article 186 of the Compilation of Islamic Law, which states that inheritance only occurs between Muslims and those related by blood or by a valid marriage. Therefore, children of an interfaith marriage are not entitled to inherit from their Muslim father, and vice versa, except through a grant or mandatory will within certain limits.
Optimization Of The Implementation Of Notary Responsibilities In Providing Social Services To Underprivate Communities In Kendal Regency Agustina, Histy Tria; Darmadi, Nanang Sri
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.259-274

Abstract

This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.

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