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Sultan Agung Notary Law Review

SANLaR
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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 383 Documents

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The Role of Conveyancer in Resolving Disputes against the Deed Ajeng Pusparini; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Dispute and land conflict is a form of problems that are complex and multi-dimensional. In such disputes often involve the Land Deed Official to account for the deed he made, the National Land Agency as a Facilitator in the handling of land disputes involving land deed. Research method used is empirical juridical, the specification of this research uses descriptive method of analysis, the method of data analysis used is using the method of literature research, based on research concluded so that conveyancer can apply the principle of prudence by conducting field checks, that in handling land disputes it takes good faith and each party must be cooperative in the course of mediation.

Notary Role in Making a Murabahah Account in Shari’a Banks Etri Silviyanti; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine and analyze the terms of the Murabahah financing agreement according to Islamic law and the role of the notary in making Murabahah financing agreement in Islamic banks. The type of research used is descriptive analytical which aims to parse the facts to obtain an overview, about the existing problems, examine and study legal facts. The results of the study concluded that under the terms of the Murabahah financing agreement on a Shari’a bank according to Islamic law must meet the pillars and conditions as described in Compilation of Shari’a Economic Law and the role of a notary in making Murabahah agreement deeds in Islamic banks, it is needed as a party of legality (legal force) and in making Murabahah deeds in Islamic banks that are notarized the formulation must be in accordance with Article 38 of the Law on the Position of Notary without leaving Shari’a principles as well as the mechanism/procedure for making notarial deeds.

Notaries Role Analysis in Implementation of Credit Agreements & Defaults Settlement with Guaranteed Liability Octantina Widiyastuti; Amin Purnawan; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Analysis of the Role of a Notary in the Implementation of Credit Agreements and Efforts to Settle Default with Guaranteed Mortgage at Bank BRI, Tegal City requires the assistance of a Notary. This happens because the Notary is authorized to make a form of authentic deed that is able to provide legal protection to the parties to the agreement. Regarding the authority of a Notary as a general official making an authentic deed, it can be seen in the provisions of Article 15 paragraph (1) of Act No.: 30 of 2004 concerning the Position of a Notary. The objectives of this journal research are one, to identify and analyze the role of a Notary in a credit agreement with mortgage guarantees at Bank BRI Tegal City Branch Office; two, to find out and analyze the factors causing the occurrence of Default in the credit agreement with the guarantee of Mortgage at Bank BRI Tegal City Branch Office; three, to find out and analyze how to settle defaults in credit agreements with mortgage guarantees at Bank BRI Tegal City Branch Office. The approach method used is the sociological juridical method, the research specifications used are analytical descriptive, using observation and interviews, secondary data collection techniques using library research, and data analysis methods using qualitative analysis. The results of the research and discussion, First, the role of the Notary in the implementation of the credit agreement, as an official authorized to make an authentic deed who is burdened with responsibility in connection with his work in making the deed and the deed can provide legal certainty for the parties in the credit agreement so that the Notary is to prioritize the balance between the namely rights and obligations of the parties who appear before the Notary. Second, the factors causing the occurrence of Default in the credit agreement with guaranteed mortgage rights at Bank BRI Tegal City Branch Office, there are internal factors and external factors causing non-performing loans. Third, Settlement of default in the credit agreement with collateral rights at the BRI bank Tegal City Branch Office can be done by using rescheduling, reconditioning, and restructuring methods.

LIABILITY AND COMPLETION OF THE LAW ON NOTARY DEED ARE MADE NURSING HIS RULE Ristya Putri Asriyani; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Issues raised in this study first, how a form of accountability notary who has ended his tenure on the deed he made before the end of his tenure? Second, how the legal protection of a notary who has ended his tenure on the deed made before nursing. This study analyzed qualitatively in the form of research reports, descriptive and approach of this research is the approach of legislation and case-based approach to the type of juridical empirical research. From the analysis of the study concluded that the first form of responsibility notary who has ended his tenure against the violation of the law office of a notary, may be accounted for either administrative, civil and criminal as well as a variety of sanctions. Second,Keywords: Notary nursing; responsibilities of a notary; notary legal protection

Legal Cancellation of Property Rights Certificate to Land which is Enough with Insurance Rights Aqsa Januar Widi Kurnianda
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

If observed, the provisions of Article 32 paragraph (1) of the PP on Land Registration have weaknesses, where the state does not guarantee the truth of the physical data and juridical data presented and there is no guarantee for the certificate owner because at any time they will get a lawsuit from other parties who feel aggrieved over issuance of certificate. And if it turns out that in the future the land rights are disputed and the mortgage giver is declared not as the person / party entitled to the land, which will thus have implications for the mortgage that burdens the land rights. This study aims to find out the legal consequences of canceling a certificate of ownership of land that is being encumbered by Mortgage at the Land Office of Palembang City and to find out the legal protection for separate creditors as holders of Mortgage on the canceled land title certificate. The approach method used in writing this law is sociological juridical which means carried out with observation steps carried out in accordance with the formulation of the problem, collecting data from literature or doctrinal research from secondary materials and interviews and to find out the problems being researched which in this case relates to the object. study. The research problem is analyzed with the theory of authority, the theory of legal certainty, and the theory of legal protection. The results of the study indicate that the legal consequences of canceling the certificate of ownership of land that are being encumbered with Mortgage Rights, namely the change in the position of the creditor, which was originally located as a preferred creditor which has material rights, then is located as a concurrent creditor who has individual rights. Legal protection for creditors for the abolition of the object of mortgage can be obtained with preventive legal protection and repressive legal protection. Preventive legal protection is legal protection that is preventive in nature, that is, it can be through an agreement by including a clause regarding the replacement of the dependent object with other objects owned by the debtor in the event of the elimination of the right to the dependent object that is burdened with the mortgage.

Role of Notary in Murabahah Transactions in Syariah Banks Sunaryo Sunaryo
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The formulation of the problem in this research is how the role of the notary in implementation of the Murabahah financing contract in Sharia Banks and what are the obstacles to the role of a notary in completing a Murabahah financing contract at a Sharia Bank.The results of this study indicate that the notary has a different role when partnering Islamic banks. In his role, the notary is in charge of making Murabahah financing deeds at the sharia bank. Another role, the notary public also plays a role during dealings with people for the sake of whose notary deed was drawn up. In addition to people, there is also a place of position as the deed maker.

Juridical Analysis of Cancellation of Bonding Agreements of Selling & Buying a Plan of Land Taufik Rakhman; Ahmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to determine and analyze the process of canceling the binding sale and purchase agreement for a plot of land. To find out and analyze the legal consequences of the cancellation of the binding sale and purchase agreement for a plot of land in the construction of legal certainty.The method used by the researcher is Juridical Empirical (sociolegal research)and The specifications in this study are descriptive analytical. Based on the results of the study that The process of canceling the binding sale and purchase agreement for a plot of land is made by the parties to make their own cancellation deed in carrying out any legal actions, all possibilities can occur, including if the parties have agreed to cancel the previously agreed sale and purchase agreement, through a court order to cancel the agreement that is not Legal consequences can only be carried out by a judge or higher institution or competent institution, automatically canceling the agreement, then the contents of the agreement are automatically null and void by law and even considered that the agreement never existed or never occurred. Legal consequences Against the cancellation of the binding agreement on the sale and purchase of a plot of land in construction, legal certainty, namely:null and void by law, namely the non-fulfillment of objective conditions (Article 1320 of the Civil Code): a certain matter, a permissible/halal/legal cause, the agreement cannot be executed, because the agreement is not simply canceled, but cannot be implemented or forwarded to the next process, because it is still have a certain legal status.

The Role & Authority of Inner Notary Making of Heritage Actions Muhammad Iqbal
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the Role and Authority of Notaries in Making the Inheritance Deed and to find out and analyze the obstacles and solutions by the Notary in making the Inheritance Deed. The data used in this study are primary data, secondary data and tertiary data that can support the assessment, which are then analyzed using descriptive analytical methods. Based on the results of data analysis, it can be concluded that: The notary's duty is to formulate the wishes and actions of the parties into an Authentic Deed with due regard to and not violating applicable legal provisions. Authentic Deed as a Deed that has perfect legal force of proof and is binding for the parties, so that the proof can stand alone and do not need to receive assistance and additional other evidence. If any opposing party can prove the Deed is not true with another Otentiuk Deed, then the level of proof of the Authentic Deed may decrease, so that additional evidence is needed. In the making of the inheritance deed, there are several things that are important in the making of the inheritance deed, such as, the parties do not agree, the heir is not legally competent.

Legal Protection for Buyers against the Understanding of Home Ownership Loans Evie Pravitasari; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.

Notary Liability for Making Assets Based on False Letters Delivered by Company Muhamad Ridho
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the obstacles of the notary in identifying the truth of the letter or document submitted by the tappers. The type of research used in this research is juridical empirical research, which is research that is carried out by examining the applicable legal provisions and what happens in society. This research approach method is a sociological and statutory approach. The data in this study are library data and field research. The data were obtained from interviews and with sources, namely 03 (three) Notaries in Kendari City, and supporting data obtained through literature and document studies. The data collection techniques that the researcher will use are interviews and document studies. The results of this study indicate that the notary is only formally responsible and has no obligation to materially prove the correctness of the documents shown by the informants. Notaries can only be held accountable if the Notary is proven to have committed a violation as stipulated in Articles 84 and 85 of the UUJN and the notary's code of ethics, which can be held responsible criminally, civil and administratively. Barriers can be in the form of: dishonesty in the correctness of information and/or documents submitted; technological engineering through scanning and editing of submitted documents, client demands for resolving the deed quickly, lack of extracting information/information from the notary to the parties; the high quantity of notary work which causes inaccuracy in making deeds, and the emotional closeness of the notary to the tappers. Legal protection for notaries in carrying out their positions in relation to the correctness of documents submitted by the tappers includes: Preventive Legal Protection, namely: Notaries carry out their positions by always referring to statutory regulations and the notary's code of ethics; Supervision and routine examination of the notary honor council. Meanwhile, repressive legal protection, namely: legal protection for notaries in the event of a case or party reporting a notary on an alleged violation of the law in a deed made with the approval of the Notary Honorary Council which is for the benefit of judicial proceedings, investigations of public prosecutors or judges with the approval of the Notary Honorary Council.

Page 12 of 39 | Total Record : 383

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email sanlar@unissula.ac.id

Phone +6285399441898

Journal Mail Official sanlar@unissula.ac.id

Editorial Address 2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA