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[Purchase and Purchase Binding Agreement as a Production Guarantee Power of Attorney to Impose Mortgage Rights ]]>
<![CDATA[Andi Rosita]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Akhmad Khisni]]>
<![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.2.4.328-334
<![CDATA[This study aims to: to find out whether the Sale and Purchase Agreement can be used as a guarantee for the making of a power of attorney to impose mortgage rights. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis.Based on the results of data analysis, it is concluded that the sale and purchase agreement is a manifestation ofthe principle of freedom of contract in which the parties are free to make any kind of agreement they want as contained in Article 1338 of the Civil Code by stating that all agreements made legally are valid as law for those who make them. However,the sale and purchase agreement cannot be used as a guarantee in making the deed of power of attorney to impose mortgage rights because ifthe land rights process has not been completed and the SKMHT period has ended laterthe debtor is in default, the skmht is null and void and the land object which is still in the status of a sale and purchase agreement cannot be subject to security rights and the deed of power of attorney imposing mortgage rights (SKMHT) cannot be upgraded to deed of granting mortgage rights (APHT) which is executorial in nature. The validity period of SKMHT for land that has been registered is one (1) month and creditors have the potential to lose the opportunity to impose mortgage rights.]]>
<![CDATA[Implementation of Credit Provision at BRI (Bank Rakyat Indonesia) with Guaranteed Certificate ]]>
<![CDATA[Yulian Andre Pratama]]>
<![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.3.3.1030-1041
<![CDATA[The purpose of this study is to analyze 1). The process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. 2) Obstacles and solutions in the process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. This study uses a sociological juridical approach. The data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The results of the research concluded: 1) The process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely submission of applications, submission of complete documents accompanied by photocopies of the documents for submitting the transfer of property rights to the Land Office, Examination, Analysis of memorandums, approval from branch leadership, execution and disbursement of loans by the Bank to debtors. The process of granting credit to the BRI Unit Link Kajen Bank is carried out by making a written agreement so that it is binding for the parties and becomes a strong evidence base if one day there is a dispute. 2. Constraints and solutions in the process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely the frequent delays in the delivery of notary orders so that the Notary did not have time to check administrative completeness or confirm to BPN due to limited time. Another obstacle is the difficulty of managing the time so that the signing of the deed can be signed together. The solution that can be done is to provide counseling to the bank about the order procedure carried out to a notary and provide understanding to the bank so that the files that have been submitted to the notary have actually been approved by the prospective debtor, both interest and administrative and insurance costs. ]]>
<![CDATA[Policy Implementation of Land Value Zone Towards Transaction Value in Assets of Land Office ]]>
<![CDATA[Rodhita Nur Gustiananda]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Akhmad Khisni]]>
<![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.2.4.513-521
<![CDATA[The purpose of this research is to: 1) To find out what are the regulations governing Land Value Zones in Indonesia, 2) To find out the implementation of the Land Value Zone policy on Transaction Value in deeds at the Kuningan Regency Land Office. The data used in this study are primary materials, secondary materials and testier materials that can support the assessment, which are then analyzed using the empirical juridical method. Based on the results of data analysis, it is concluded that: 1) The regulation regarding Land Value Zones in Indonesia has not yet been specifically regulated regarding the determination of Land Value Zones or land value information, but the community also does not really understand the land values based on or determined by the Land Value Zones In the Kuningan Regency Land Office as well as the Kuningan Regency Regional Regulation, it also does not regulate market value or the Land Value Zone policy which in the end has different policies between agencies. 2) In terms of the legal substance related to the Land Value Zone, Kuningan Regency has not realized it due to clashes between employees regarding the rules.]]>
<![CDATA[The Inheritance Grants without Approval of Any Heirs ]]>
<![CDATA[Takib Wilman Hakim]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![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.3.4.1211-1219
<![CDATA[The purpose of this study was to find out and analyze the legal considerations of the panel of judges to adjudicate a dispute over the Deed of Grant of Land Rights to one of the prospective heirs without the consent of the other prospective heirs in the Cirebon District Court Decision Number. 18/Pdt.G/2017/PN.Cbn. To find out and analyze the Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law. The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive-analytical. Based on the results of the study that Legal Considerations of the Panel of Judges to adjudicate the Dispute on the Deed of Grant of Land Rights to One of the Prospective Heirs without the Approval of the Other Prospective Heirs it is appropriate to cancel the grant because if it is related to the legislation on grants, it has violated Article 211 KHI which is supported by considering evidence in the form of a certificate of distribution of land/agricultural/housing assets, the statement of the grant cannot be adjusted to the original and the object of the case determined as inheritance cannot be accepted because the inheritance has never been divided with other heirs. Certainty of the Deed of Grant of Land Rights without the Approval of Prospective Heirs Based on the Compiled of Islamic Law on grant in Article 200 of the Compilation of Islamic Law is an act carried out in the context of delivering an item/object from the grantor to the grantee and the goods delivered are his own property.]]>
<![CDATA[Effectiveness of Control of Deep Agricultural Soil on Enrollment Perspective ]]>
<![CDATA[Hasmawati Halim]]>
<![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.3.1.127-133
<![CDATA[The objectives of this study were to: 1) Know why control over control of agricultural land has not been effective, 2) to know how to control of agricultural land through land registration. The data used in this study are primary data and secondary data that can support the assessment, which is then analyzed using qualitative methods with descriptive purposes. Based on the results of data analysis, it is concluded that: 1) Control of control over agricultural land in the perspective of land registration is less effective, this is due to conflicts of interest between the government, economic demands and a lack of understanding by the community that the importance of agricultural land for food security, which results in many agricultural lands being converted to non-agricultural land. In this case, BPN/ATR could not do much because of the constraints on land conversion permits issued by the local government. 2) Dominant factors causing Government Regulation Number. 24 of 1997 concerning Land Registration from a juridical perspective that there is no regulation regarding sanctions if land owners do not register their land. So that government supervision through BPN/ATR in the context of controlling control of agricultural land becomes less effective.]]>
<![CDATA[Responsibilities of PPATs who are Late in Registering Deeds Has Been Made to the Office of the National Land Agency ]]>
<![CDATA[Arty Retno Sari]]>;
<![CDATA[Setyawati Setyawati]]>
<![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.3.4.1392-1401
<![CDATA[PPAT services as an authorized position are very useful for certain people, especially for people who do not understand the law. Some people who do not understand the law feel unable to handle the legal problems they face, given the limited data around the law. For quick access to PPAT-related matters, the national office must issue a receipt for submitting a registration application, for example, a deed from the PPAT and submit the file to the appropriate PPAT. This responsibility not only affects the progress of understanding or compliance with the law, but also considers the greater legal impact on PPAT's thoughts or behavior, both positive and negative. Because of the importance of evidence as a way of affirmation that can provide legal certainty and guarantee to the right holder, the making of a deed of transfer of land rights as a reason to follow land registration data through the sale and purchase of land rights must be in accordance with the timeframe previously specified in Article 40 paragraph (1) Government Regulation Number 24 of 1997 concerning Land Registration.]]>
<![CDATA[Legal Protection for Notary Public in Performing Their Duties As A General Officer Based on Law of Notary Office in Kendari Region ]]>
<![CDATA[Danu Giritono]]>
<![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.2.4.624-635
<![CDATA[This research was conducted using a normative juridical or statutory approach. With the aim of approaching the problem by looking at the prevailing laws and regulations regarding legal protection against notaries for data forgery by clients in the Kendari city area. Forms of legal protection for Notaries in the city area, although in making authentic deeds, they must pay attention to the principles of prudence, thoroughness, and uphold honesty, morality and not forgetting professionalism. Meanwhile, the form of legal protection from the Notary Honorary Council is to carry out supervision and examination for Notaries so that they can continue to walk on the right path in accordance with the Law. When a Notary is summoned in a criminal case, the MKN has the authority to agree to be examined or not to be examined as long as the Notary has acted in accordance with UUJN and/or the relevant laws and regulations in connection with the deed made before him, MKN should not give the Notary's approval to be examined or attend the trial.]]>
<![CDATA[Responsibilities of a Notary in Concerning Making an Authentic Deed Based on Falsification of Letters by One of the Parties ]]>
<![CDATA[Farman Riantama Budi]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Ngadino Ngadino]]>
<![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.2.4.692-703
<![CDATA[This research aims to know the responsibilities of the notary in the event of letter forgery by the parties in making the authentic deed and whether a notary can be held responsible for a criminal case if a loss occurs to one of the parties as a result of a false document from one of the parties. The approach method in this research is empirical juridical method. The specification of this research is descriptive analytic. The data in this study are primary data and secondary data. These problems are analyzed using the theory of authority, theory of legal responsibility. Based on the results of that research when a Notary in carrying out his position is proven to have committed a violation, then the Notary is responsible according to his actions, both in terms of Administrative Law, Civil Law, namely in accordance with the provisions of the sanctions contained in Articles 84 and 85 of the Law on Amendments to the Law on the Position of Notary Public and code of conduct. A notary cannot be held responsible for a criminal case if there is a loss to one of the parties as a result of a false document from one of the parties, because the notary only records what is conveyed by the parties to be put into deeds false information submitted by the parties is the responsibility of the parties. In other words, what can be accountable to the Notary is if the fraud or deception originates from the Notary himself.]]>
<![CDATA[Process Of Execution Of Liability Rights To Object Guaranteed To Debtors With A Promise Disabled ]]>
<![CDATA[Djunaid Randiyo Muslimin]]>
<![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.2.4.790-799
<![CDATA[This study aims to: to find out how the force of law is the process of executing mortgage rights to objects guaranteed to debtors with defects in promise. The approach method in this research is empirical juridical law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of this study it can be concluded that the execution of the object of guarantee of mortgage rights against debtors in default that this is motivated by article 6 of Act No. 4 of 1996 on Mortgage which states that "If the debtor fails to promise, the first Mortgage holder has the right to sell. the object of the Guarantee Rights on his own power through a public auction and taking the payment of the receivables from the proceeds of the sale. The purpose of this article is if the debtor is proven to be in default, then the creditor who holds the Mortgage has the right to carry out the execution of the collateral object through a public auction with the presence or absence of the promise to sell as stated in the APHT. If in APHT there is no promise or the collateral object has a problem then the execution against the object of permanent guarantee through a District Court Decision. This is based on SE-23 / PN / 2000 regarding instructions for auction implementation of mortgage rights, especially point 3 which states that "auction implementation without going through a court order cannot be carried out if the APHT does not contain the word promise as referred to in article 6 Jo article 11 paragraph 2 letter (e) UUHT or there are obstacles / lawsuit from the Debtor / third party, if this happens. The auction according to article 6 of the UUHT, namely that the auction should be able to be carried out on all collateral objects that are burdened with mortgage rights without seeing the presence or absence of promises and even though there are still obstacles in the form of claims from the debtor / other party against the object of guarantee. This is intended so that the creditor will no longer experience difficulties in executing the object of the guarantee of the mortgage, because of the difficulties that have caused creditors to continue to experience losses. Meanwhile, on the other hand, the revision of the regulations regarding the execution of mortgage rights is expected to create synchronization in the regulation itself and can provide legal certainty for creditors in executing the object of guarantee of mortgage rights without having to go through court because the process in court takes a long time and is expensive.]]>
<![CDATA[COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST) ]]>
<![CDATA[Amine El Khalfi]]>;
<![CDATA[Ong Argo Victoria]]>;
<![CDATA[Fareha Binti Moh. Zukri]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 1, No 2 (2019): November 2019 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.1.2.109-120
<![CDATA[Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold as well as liability for the debt. But, despite its importance, is often the subject of this heritage be problematic. Not surprisingly, many people who dropped the ropes brotherhood because of inheritance. The main problems are usually due to disagreements about equality and fairness. Indonesia has two Inheritance law, they are based on Islamic law (Faraidh) and Civil Law (Penal Code). ]]>
