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[Implementation of Application for Ownership of State Land in Comparable Railroad Tracks ]]>
<![CDATA[Andrian Shidiq]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![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.2.4.335-347
<![CDATA[The purpose of this study is to 1) Know the implementation of land rights applications that are located along the railroad tracks in Pucangsawit Village, Surakarta City. 2) Knowing the obstacles that arise in the implementation of applications for land rights located on the equivalent of railroad tracks in the Pucangsawit Village, Surakarta City. The data used in this research are primary data, secondary data, and tertiary data that can support this study, which are then analyzed using descriptive analytical methods.Based on the results of data analysis, it is concluded that: 1) there is a desire of the community around the equivalent of the railroad tracks in Pucangsawit Village, Surakarta City to have a Freehold certificate. The land he occupies is state land which is beyond the control of PT. KAI Daop Jogjakarta in accordance with the technical recommendations issued by PT. KAI daop Jogjakarta. The basis for the consideration of granting a property certificate from the Surakarta City Land Office is that the community members who apply have controlled and occupied the land for more than 20 years and the land requested is outside the railroad equivalent line whose control is at PT. KAI is in accordance with the recommendation of PT. KAI Daop Jogjakarta. 2) The obstacles faced include, among others, there are still many people along the railroad who do not know the boundaries of land under the control of PT. KAI, the lack of insight and understanding of community members around the railroads regarding land law, especially in filing applications for state land ownership so it needs socialization from related agencies, and there are still complicated procedures and bureaucracy in applying for equivalent state land ownership. railrood tracks that need to be simplifed.]]>
<![CDATA[Implementation of Amercement in the Financing Contract in Islamic Banking based on Justice & Benefits Principles ]]>
<![CDATA[Imam Rasyidin]]>
<![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.3.3.1042-1070
<![CDATA[In Islamic banks, the success or failure of debtors in paying their obligations to Islamic banks has a direct effect on wealth creation for depositors and owners, even for bank employees. The more successful debtors are in paying their obligations and/or providing income to the bank, the higher it will create wealth for depositors and other stake holders. However, the interests of debtors who have a vital role are still not fully accommodated in the agreement set forth in the Islamic bank financing contract. This is because the articles of financing contracts still contain clauses that are burdensome to debtors, namely amercement clause imposed on debtors when they are late in fulfilling their obligations to Islamic banks. The purpose of this study is to describe (1) the application of amercements in financing contracts in Islamic banking (2) the implications of applying amercements in Islamic banking financing contracts to the principles of justice and expediency (3) example of deed of financing in Islamic banking. This study uses sociological juridical methods to find out the exposure or explain legal phenomena as law in action, described as empirical social phenomena at PT. Bank Syariah Indonesia Cirebon Area, whether the implementation of amercements in the financing agreement has there been a match between the applicable regulations and the social reality. The results of this study conclude as follows: Based on the opinion of the majority of scholars', amercements for lateness, negligence and breaking promises are not allowed by syara', when the original obligation is in the form of debts or even payments, because these amercements can be categorized as usury and the law becomes law usury so that it is forbidden by sharia.]]>
<![CDATA[The Role of Land Associates Officials (PPAT) in Collection of BPHTB Tax on Land & Building Transactions for Sale & Building ]]>
<![CDATA[Tafana Bella Marinda]]>;
<![CDATA[Akhmad Khisni]]>;
<![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.2.4.522-532
<![CDATA[The legal act of transferring rights to land and/or buildings must always be followed by the making of the necessary deeds, as specifically regulated on this matter. Which deeds must be made by the competent official for this, namely the Official for Making Land Deeds (PPAT), where in certain cases the deed is made by a notary. Thus, the government in its issued regulation has assigned the official making the deed to participate in supervising the payment of taxes payable on the said land and/or building transactions. However, in its implementation there are still many obstacles that arise, especially there is still tax avoidance in land transactions, and a lack of understanding of the calculation and payment of Land Rights Acquisition Tax (BPHTB) by taxpayers, which results in the main tax function to fill State cash receipts, which are often referred to as budgetary functions, which are not well implemented. In the collection of Land Rights Acquisition Fees (BPHTB) in connection with the deed he makes, it is hoped that the Notary as PPAT will play an active role requiring payment of Land Rights Acquisition Fee (BPHTB) in transferring rights to land and buildings, which after the agreement is made and the payment transaction is made, the tax must be paid as soon as possible, then its correctness is checked so that the deed can be signed immediately.]]>
<![CDATA[The Execution of Third Party Mortgage Guarantees in Rural Bank Credit Agreements ]]>
<![CDATA[Rizka Rian Ananda]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.3.4.1220-1227
<![CDATA[This study aims to determine the execution of mortgage guarantees on bank credit agreements belonging to third parties at Rural Banks. The Method approach in this research is empirical juridical with primary and secondary research data taken by interview and literature review. Data analysis method using qualitative analysis. The results of the study indicate that the execution of mortgage rights belonging to third parties in BPR X is in accordance with the rules in Article 1 and Article 6 of Act No. 4 of 1996 concerning Mortgage Rights and carried out by the KPKNL. The execution of mortgage rights belonging to third parties in the BPR credit agreement in the event of a fight must be able to show proof of ownership but the execution process must still be carried out. Legal remedies for third parties as owners of land rights that are used as objects of mortgage rights are that they can file a lawsuit or derden verzet to the District Court, although this method cannot in principle suspend execution (Article 207 paragraph (3) HIR and 227 RBg) especially if from the start the third party agrees that the land is used as collateral for mortgage rights.]]>
<![CDATA[Notary Responsibility for Violations & Prohibitions in Connecting Its Position in Related with Notary Code of Conduct ]]>
<![CDATA[Medira Anggraini]]>
<![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.3.1.134-150
<![CDATA[For Notaries who do not carry out their obligations as determined by the laws and regulations, the Notary concerned must face the Assembly. Notary Supervisor. In general, the Notary Supervisory Council has the scope of authority to hold sessions to examine any suspected violations of the Notary's Code of Ethics or violations of the implementation of office. Purpose of research it's to Know Responsibilities of Notaries against Violation of the Notary Code of Ethics. 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, law enforcement and legal certainty. The results of this study indicate that It is possible for a notary to be included in an illegal act because if there is an element of detrimental to other parties and the loss has a causal relationship between the Notary as the deed maker and the parties entrusting their act to the Notary. Violation of the notary code of ethics can occur due to negligence of responsibility, this is usually the most frequent occurrence. In addition, it could also be due to the absence of strict sanctions and a lot of side with the notary position. The Notary Supervisory Council (MPN) as a body that is trusted to supervise Notaries in their behavior, is considered to have not given any firm action so that the Notary is deterred or afraid of committing violations that have been regulated by existing regulations, this can be an indicator of the occurrence of violations by a Notary.]]>
<![CDATA[The Legal Protection for Land Rights Holders against Different Locations of Land Objects ]]>
<![CDATA[Poni Agustin]]>;
<![CDATA[Widhi Handoko]]>
<![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.3.4.1402-1415
<![CDATA[The importance of land ownership rights, the State in this case is represented by the National Land Agency (BPN) plays an important role in ensuring certainty and legal force for land rights holders. In the issuance of certificates, of course there are rights, checking the location of land parcels, and other procedures that must be followed. In this writing, the certificate issued by BPN experienced a discrepancy between the rights, in this case the Sale and Purchase Deed, so that the juridical data and physical data experienced differences. The existence of differences in physical and juridical data causes the certificate to be questioned for its legal certainty and strength. Efforts against the existence of administrative defects in certificates can be taken by means of, among others, administrative and judicial efforts. The problems in the research include how to protect the law for holders of land rights against differences in the location of land objects in the sale and purchase deeds and certificates, as well as about the legal consequences of these deeds and certificates. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe (describe) a problem in a certain area or at a certain time. 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.]]>
<![CDATA[The Legal Strength of Notary Actions in the Implementation of Parate Execution towards Responsibility & Execution Rights to Fidusian Objects ]]>
<![CDATA[Ilham Syam]]>
<![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.2.4.636-643
<![CDATA[This research aims to: to find out howthe legal force of the notary deed in the application of the execution parate of the right of collateral and the parate of execution of the fiduciary object. The approach method in this research is empirical normative, 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 can be concluded that the material rights fiduciary provides guarantees. The collateral object is tangible, intangible and immovable movable object which cannot be guaranteed with a mortgage. Fiduciary security is widely used by financing companies. The debtor in default, the leasing party executes the fiduciary object unilaterally, this is considered contrary to the 1945 Constitution. Article 15 paragraph (2) and Article 15 paragraph (3) Law No. 42 of 1999 concerning Fiduciary Guarantee is subject to a judicial review. Formulation of the problem, how the execution of fiduciary guarantees after the decision of the Constitutional Court No. 18 / PUU- XVII / 2019. Research method, using library research in the form of secondary data. This research is juridical normative and qualitative research type. The discussion after the decision of the Constitutional Court No. 18 / PUU-XVII / 2019 states that Article 15 paragraph (2) and Article 15 paragraph (3) of Act No. 42 of 1999 are contrary to the 1945 Constitution. Conclusion, before the Constitutional Court decision the execution of the object of fiduciary guarantee based on Article 29 of the Act No. 42 of 1999 concerning Fiduciary Guarantee. After the Decision of the Constitutional Court No. 18 / PUU-XVII / 2019 states that the collateral execution cannot be carried out unilaterally by the creditor, but must go through a decision of the District Court, unless there is an agreement regarding the default between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary collateral.]]>
<![CDATA[LEGAL DUE TO ADVANTAGE WITHOUT NOTARY NOTARY DECLARED FROM ISLAMIC LAW COMPILATIONS AND CODE OF CIVIL LAW ]]>
<![CDATA[Taufiqurohman Taufiqurohman]]>
<![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.2.4.704-712
<![CDATA[Based on the description above, the objectives of this study are: to find out and explain wills without a Notary Deed in view of the KHI and the Civil Code; To find out and explain the similarities and differences of wills without a Notary Deed in view of the KHI and the Civil Code. The research approach used is normative juridical.The results obtained in this study are the legal consequences of wills without a notary deed, making the will prone to lawsuits from interested parties because the evidence is not strong enough and there is no legal certainty. By law, if a will is made without a notary deed or a testament under hand, the will cannot provide a guarantee of legal certainty because it can be canceled unilaterally. According to the Civil Code, wills can be revoked and can be canceled or canceled. As for the revocation of a will according to the KHI, among others, is regulated in Article 199. There are three ways to revoke a will according to the Civil Code, namely explicit revocation, secret revocation and revocation due to exile.Keywords: Legal Consequences, will, notary deed, compilation of Islamic law, civil law]]>
<![CDATA[The Effectiveness Of The Responsibility Of The Ministry Of Republic Of Indonesia Atr / Bpn On The Implementation Of Online Locket Services In The Kendal District Land Office ]]>
<![CDATA[Farahdiba Fitriani Bachtiar]]>
<![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.2.4.800-811
<![CDATA[The State of Indonesia is known for its abundant natural wealth, land is one of the natural resources and also the main capital owned by Indonesia to support this natural wealth. Land administration in Indonesia is carried out by the National Land Agency. The objectives of this study are to: (1) analyze and also explain that the National Land Agency changes non-online services to online services into online services, (2) Analyzes and also explores how the effectiveness of the Land Deed Making Officials' responsibilities in implementing online counter services made by ATR / BPN, (3) Analyze and also provide solutions related to problems that occur at the National Land Office. The approach method in this research is juridical empirical. The research specification used is descriptive. Sources of data used in this study consist of primary legal data, secondary legal data. Methods of data collection using literature studies and interviews, research locations in Kendal district, data analysis methods using deductive logic, followed by identifying legal discussions, the last step is to interpret and also construct legal materials. The research problems were analyzed by using the theory of benefit and also the theory of legal certainty. Based on this research, it can be concluded that: (1) Long queues and also difficult to control make the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency create computer-based services that aim to carry out Land Management. (2) The PERMATA Online Counter service made by the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of Kendal Regency is arguably not effective enough because the server's limited menu is not completely perfect. (3) the obstacles that have been faced by the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency related to effectiveness related to the Online Counter Service system of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency in Kendal Regency, one of the obstacles is the lack of human resources.]]>
<![CDATA[IMPLEMENTATION THE WAREHOUSE RECEIPT SYSTEM AS ONE OF BANKING CREDIT GUARANTEE ACCORDING TO ACT ON WAREHOUSE RECEIPT SYSTEM ]]>
<![CDATA[Lathifah Hanim]]>
<![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.1.2.121-138
<![CDATA[Warehouse receipt system is the most secure and sophisticated when compared to some systems that ever existed in Indonesia. In the warehouse receipt system, there is a guarantee of security for banks, because all the data administration of the warehouse receipt concentrated in the Registration Center and overseen by the Supervisory Board (BAPPEBTI) and there is no assurance of quality for the goods owners and prospective owners of the goods because the goods stored properly managed by the manager of the warehouse and quality tested previously by an independent conformity assessment body that has been certified from KAN approved by BAPPEBTI. The method used is doctrinal and non-doctrinal. Research results are 1). Implementation of Warehouse Receipt System as One Credit Guarantee as PP No.36 Of 2007 Article 34 (2), 35 (2), 25 (1) stated that every person who manipulates the data / information related to warehouse receipt and warehouse receipt derivatives defined in Article 35 shall be sentenced to imprisonment for a maximum of 8 (eight) and a maximum fine of Rp.10.000.000.000, - (ten billion rupiah). 2). Obstacles and solutions in the implementation of the Warehouse Receipt System, including transaction costs, inconsistencies in the quantity and quality of agricultural products, the lack of institutional support agriculture, and the still weak institutional farmers. So, this article would like to discuss intensively]]>
