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.
Articles
383 Documents
<![CDATA[Juridical Analysis of Heirs Negligence of a Notary in Submission of a Notary Protocol who Dies ]]>
<![CDATA[Mohamad Zanuar Soniaji]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1261-1273
<![CDATA[The author in this paper takes the title above because he wants to know about the negligence of the Notary's heirs in the delivery of the Notary's protocol that has died, how is the responsibility of the heirs in the submission of the Notary's protocol that has died and is there legal protection for the community if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol. This study uses a normative juridical approach and the data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The responsibility of the heirs in the submission of the protocol of a notary who dies is to notify the notary's death to the Notary Supervisory Council (MPD) no later than 7 (seven) working days, and submit the protocol of the notary to another notary or the Regional Supervisory Council (MPD). The responsibility of the heirs is not related to the contents of the deed made by the notary, the responsibility for the deed of a notary who dies cannot be passed on to his heirs or to the notary who holds the notary protocol. Legal protection for the public if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol, namely the Notary Protocol as a state archive if it is not immediately submitted to the competent authority, namely the Regional Supervisory Council or the Notary appointed as the Protocol Recipient exceeding the period determined by law, feared that it could be damaged, or even lost. Taking the Notary protocol that has not been handed over to the heirs is a form of legal protection to the community. The purpose of storing this Notary protocol is also a form of legal protection to the public. Notary protocol storage as a vital archive and must be stored and maintained properly as an anticipatory measure for conflicts by the parties in the future.]]>
<![CDATA[Juridis Analysis of Cancellation of Sale & Purchase Agreement by Heirs in Matter of Buyer/Seller Who Has Died ]]>
<![CDATA[Aksan Tudoni]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.200-214
<![CDATA[PPJB land contains the rights and obligations of the parties who made it, so that if the matters that have been agreed in the deed of sale and purchase are violated or not fulfilled by the parties who made it then the parties are authorized to request cancellation in the agreement before the court. In practice, the sale and purchase agreement can be revoked by the heirs. The purpose of this study; to find out how the position of the Heirs' Law and legal protection to the Buyer in the case of the Sale and Purchase Agreement entered into by the Heir is canceled by the heirs and How the Laws of the Cancellation of the Sale and Purchase Agreement are Unilateral by the Heirs. The method used in this study is the Sociological Juridical method, the specification in this study is descriptive analytical, the data used is primary and secondary data, using data collection with interviews and library studies, qualitative data analysis, problems analyzed with theory, legal certainty and Authority Theory. The results of this study show that, the heirs can cancel the sale and purchase of the heirs' land if the legal conditions of the sale and purchase are not met through the court. Heirs who do not give their consent in the sale and purchase of inherited land as their right, have the right to cancel the sale and purchase of the land. If an agreement does not meet the Subjective requirements, then the agreement can be revoked. The PPJB Deed made by the Notary is basically an authentic act that will not be disputed if one party does not feel harmed, but with the content of the agreement in PPJB then the cancellation can arise a problem because one party feels harmed by the other party.The seller who is the heir has an obligation to continue the agreement, because the heirs receive the obligation from the heirs in general, in the sense of assets and passions of the heirs are the responsibility of the heirs.]]>
<![CDATA[Obligation to Keep Confidential Notary Position in Criminal Jurisdiction Process Forgiven Rights & Refuse Obligations ]]>
<![CDATA[Suhendri Suhendri]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1451-1462
<![CDATA[A notary occasionally receives false information from some parties, and then it becomes the basis of the making of authentic Notarial Deed. Notary criminal liability on the Notarial Deed based on false information should be analyzed and examined as well as its legal impacts. Based on the result of this research, it can be identified that a notary cannot be asked for his or her criminal liability related to the making of Notarial Deed based on false information from certain parties, and it cannot fulfill the formulation of counterfeiting criminal act in article 266 paragraph (1) jo. article 55 paragraph (1) of the Criminal Code. A notary can be asked for his or her criminal liability related to his or her Notarial Deed he or she made based on what he or she has seen, witnessed, or experienced in committing a criminal act on purpose, or Negligence; a notary makes a false Notarial Deed and he or she inflicts other parties. Referring to a criminal liability, a notary should fulfill the following elements; a criminal act, ability to be responsible for, committing an act on purpose or absence, and there is no reason for apology. A notary Notarial Deed based on false information does not automatically make the document itself invalid. The party who is inflicted by this document can propose a civil action to the Court of Justice in order to cancel the document. A notary criminal liability should be regulated in the next Notary Authority Act (UUJN).]]>
<![CDATA[The Legal Aspect of Fingering Mother Cap in the Making of Land & Buying Deals ]]>
<![CDATA[Anik Setiawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.290-303
<![CDATA[The research objective is to unto know and analyze application Affixing the thumbprint in making land sale and purchase deeds, unto know and analyze legal consequences of affixing a thumbprint in the making of a land sale and purchase deed, and untuk know and analyze the extent of the function Affixing the thumb print in the making of the land sale and purchase deed. This research is a qualitative research with a normative juridical approach.This research was conducted in Kendal Regency. Based on the results of research and discussion it can be seen that " The application of the thumbprint affixing in making the sale and purchase deed of the tappers in minuta by the notary / PPAT is to identify the presence of the tappers. Proof of presence that the person who comes to the Notary / PPAT is the person concerned who wants to make a Notary / PPAT Deed, not someone else. The thumbprint affixing has legal consequences in the making of the Land Sale and Purchase Deed because it has benefits before the signing of the deed by the notary so that the notary still has the opportunity to correct previously unseen mistakes. One of the purposes of affixing the thumbprint before signing the deed is that It is a guarantee for the parties that the signed deed is the same as what has been read, and the deed is read so that the parties can be certain that the writing or content of the deed is true to the wishes of the tappers. The function in the application of affixing a thumbprint in making deeds is to identify the presence of tappers. Proof of presence that the person who came to the Notary / PPAT was the person concerned who wanted to make a Notary / PPAT Deed, not someone else. The obligation to attach the tappers' fingerprints to the Minuta Deed of Notary / PPAT aims to anticipate if one day the tappers deny their signature on the Minuta Deed of Notary / PPAT, then as additional evidence used the tapping's fingerprint. Suggestions were submitted for compliance and legal awareness from the community Affixing the thumbprint in the making of the land sale and purchase deedIt must be improved, among others, through legal counseling, distribution of pamphlets related to land law issues in a communicative language so that it can be understood by the general public, or through other reading materials, and also through the mass media so that through various methods it is expected people who were previously blind to the law can know and understand the law. And if you already know and understand the law, then this will be able to increase the degree of compliance and legal awareness of the community in the field of land law.]]>
<![CDATA[Legal Aspect of Sporadic Implementation of Petama Land Registration Based On Government Regulation Number 24 of 1997 Concerning Land Registration in Cirebon City ]]>
<![CDATA[Susanti Susanti]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.4.731-742
<![CDATA[The data recorded and written in a certificate must be free from a typo or an error in the data collection on the land object in question, meaning that both physical data and juridical data of its existence can be guaranteed legal protection. Legal protection guarantees in land registration are that the owner of the certificate does not easily get interference or lawsuits from other parties, the certificate owner can defend his rights from interference or lawsuits from other parties. The purpose of this study To know Implementation of sporadic land registration for the first time on uncertified land at the Ciebon City Land Office and Application of the principle of safe sporadic implementation of land registration for the first time at the Cirebon City Land Office? The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty and Theory of Justice. The results of this study indicate that the first sporadic implementation of land registration can be submitted by the right holder or through proxies to the Land Office. Meanwhile, the method of the community in carrying out land registration is carried out sporadically. For people who carry out sporadic land registration, it can be done directly by the land owner or through the PPAT Office.The application of the safe and open principle at the Cirebon City Land Office is not in accordance with what was expected, where in the implementation of the principle of safety, the Land Office was not thorough and careful in processing the physical data files and juridical data of the applicant.]]>
<![CDATA[Juridical Analysis of Integrated Electronic Responsibility Services based on Agricultural & Spatial Land Regulation ]]>
<![CDATA[Ferika Rahmatul Zulfa]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.279-289
<![CDATA[HT-el service is a form of service provision from the Ministry of ATR / BPN in facilitating services to the community by taking advantage of developments in information technology. Implementation of Permen No. 9/2019 concerning electronic HT still depends on the readiness of each land office in implementing an electronic system. There are many advantages that are obtained in the online registration feature, but there are also many disadvantages in it. One of the advantages obtained in this online registration is that it can save time for users of the land bureaucracy, of course the main hope is that the effectiveness and efficiency of the bureaucracy can actually be achieved legal system construction and constraints. This study uses an empirical juridical approach. This research analyzes the problems that have been formulated by combining primary, secondary and tertiary legal materials.]]>
<![CDATA[Notary Disclaimer Of Coastal Lands On The Development Of Legal Resort ]]>
<![CDATA[La Ode Arsanudin]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.1.24-31
<![CDATA[This study aims to analyze the regulation of coastal land, the role of the notary in the release of coastal land rights to resort development bodied laws and What are the constraints and solutions in the relinquishment of coastal land titles to resort development who are legally incorporated in Wakatobi Regency, Southeast Sulawesi Province. This study uses an empirical juridical approach, the types and sources of data in this study are primary data and secondary data as well as tertiary data, legal materials and data obtained through literature studies and field surveys with study and interview collection tools, Wakatobi district research area, analysis techniques. data based on qualitative analysis. System The zoning for Wakatobi National Park refers to the Minister of Forestry Regulation Number: P.56 / Menhut-II / 2006 dated 29 August 2006 regarding the Guidelines for National Park Zoning. For the involvement of the Notary, it is not only to help the process of making the deeds of the Waiver of Rights or APH also cares about the waiver process carried out by the parties who are its clients and are willing to provide guidance / advice and legal consultation related to the waiver of rights or problems land in general and it is also known that there is a lack of socialization to the community regarding the zoning system in effect in Wakatobi Regency.]]>
<![CDATA[Implementation of Notary House Employment Agreements in the Selling of Land and Building ]]>
<![CDATA[Indra Muliawan]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.496-514
<![CDATA[The research entitled "Implementation of Notary House Vacationing Agreements in the Sale and Purchase of Land and Buildings in Randudongkal Pemalang Regency", in order to find out and analyze the legal protection of buyers in the implementation of notarial house emptying agreements in the sale and purchase of land and buildings, as well as obstacles and solutions to realize a sense of belonging justice for the implementation of the notarial vacancy agreement in the sale and purchase of land and buildings. This study uses an empirical juridical approach, which is a legal research conducted by researching and examining existing facts in line with observations in the field. Legal protection against the buyer in the implementation of the notarial house emptying agreement in the sale and purchase of land and buildings, is considered This is important because the sale and purchase agreement has been signed so that the object of sale and purchase has turned into the property of the buyer, however the seller or other person who occupies the house has not been able to leave or vacate the house. The seller or other person who occupies the house cannot immediately vacate the house after the rights have been transferred, because they are not ready to move house or have not obtained a replacement house. Based on these circumstances, the parties agree to make a separate agreement to complete the sale and purchase agreement that has been made. The agreement is agreed upon by the seller and the buyer or the parties in the form of an agreement to vacate the house which is notarized. Legal certainty of a notarial vacancy agreement, concerning when the seller or other person who occupies the house leaves or vacates the house. If the specified date turns out to be that the seller or other person occupying the house cannot leave or vacate the house, a fine per day is imposed, the amount of which is agreed upon in the agreement by the seller and buyer or the parties. In the notarial agreement to vacate the house, it is necessary to include a clause that the buyer is obliged to provide severance pay to the seller as much as agreed by both parties. Severance pay must be paid by the buyer to the seller after the house is delivered empty by the seller to the buyer. This is intended as compensation that has been agreed between the seller and the buyer, and as a balance between the rights and obligations obtained by both parties in the agreement. If the seller or other person occupying the house is ready to leave or vacate the house, but the buyer is unable to pay or provide severance pay to the seller or other person who occupies the house, the buyer is subject to a fine as much as agreed by the parties.]]>
<![CDATA[Responsibility of Regional Notary Supervisory Council for Protocol Transfer of Died Notary ]]>
<![CDATA[Gunawan Wibisono]]>;
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.150-159
<![CDATA[The purpose of this study was to analyze: 1) The role of the Regional Supervisory Council on the responsibility of the Notary Public Protocol who has passed away in Jepara Regency. 2). The liability of the heirs to the protocol of the deceased notary public. The approach method to discuss this research is juridical empirical. This type of research is classified as a descriptive analytical research. Data collection was obtained from primary data and secondary data, by means of interviews and literature study. The data analysis technique is qualitative data analysis. The research results are: 1). The role of the Regional Supervisory Council for the responsibility of the Notary Public Protocol who has passed away in Jepara Regency, namely the MPD of the Jepara Regency working area as the supervisory council has played an active role in providing guidance and supervision to Notaries. MPD's firmness, especially regarding the Notary protocol that must be applied, so that when a Notary dies, such as the case of notary Muhammad Chaidzar, SH. M.Kn, and the protocol has been submitted to another notary appointed by the MPD. Legal aspects related to the accountability of the heirs of a capable Notary by immediately submitting the Notary protocol to another Notary who is appointed by MPD as the Notary holding the protocol. 2). The obligation of the heirs to the protocol of the deceased Notary is that the State archives in the form of documents that have been made by the notary must be kept, by submitting the Notary protocol through the MPD because of its authority. The responsibility of a notary public for a notary protocol that has not been submitted to another notary in this case can be categorized as an act of legal competence. Actions proficient in law here are defined as the implementation of the heir's responsibility in carrying out or submitting the protocol of the deceased.]]>
<![CDATA[Notary Responsibilities in Making Authentic Deeds for Interest of Community from Progressive Law Perspective ]]>
<![CDATA[Imam Abdi Utama]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Widhi Handoko]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.810-821
<![CDATA[A notary is a public official who is authorized to make an authentic deed as long as the making of a certain authentic deed is not reserved for other public officials. Making authentic deeds is required by laws and regulations in order to create certainty, order and legal protection. The notary's responsibility when viewed from Act No. 30 of 2004 as amended by Act No. 2 of 2014 concerning the Position of a Notary is very closely related to the duties and work of a notary. It is said so because in addition to making authentic deeds, notaries are also assigned and responsible for registering and ratifying letters/deeds made under the hand. Progressive legal knowledge possessed by a notary will also contribute to developing knowledge about notary law. The problems in this study include how the notary's responsibility in making authentic deeds for the benefit of the community is seen from the point of view of progressive law. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe a comparison of legal problems that occur in certain areas or at certain times. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.]]>
