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Sultan Agung Notary Law Review

SANLaR
Website

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 Amendment Deed to Foundation Budget through Notary on Foundation's Assets from Waqf Process Anis Safitri; 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

The establishment of a Foundation after the enactment of Law Number 28 of 2004 concerning Amendments to Law of the Republic of Indonesia Number 16 of 2001 concerning Foundations is carried out with the condition that there are founders, a Notary Deed and obtain legal entity status which after the deed of establishment obtains approval from the Minister of Justice and Human Rights or appointed officials. Along the way, the foundation can also experience changes. Amendments may include amendments to the articles of association, except for the purposes and objectives. The purpose of this journal research is one, to analyze the legal review of the position of the deed of amendment to the foundation's articles of association through a notary on the foundation's assets from the waqf process. two, to analyze the obstacles and solutions for changing the foundation's articles of association through a notary on the foundation's assets from the waqf process. The approach method in this legal journal research is to use normative legal research with a sociological juridical approach and other approaches including case approach, statute approach, historical approach, comparative approach, Conceptual approach (conceptual approach) . the results of this study indicate the obstacles and solutions for changing the foundation's articles of association through a notary on the foundation's assets from the waqf process is a legal consequence of the notary's error in making a deed of amendment to the articles of association with the intention of adjusting the foundation's articles of association with the foundation law, if any parties who feel aggrieved and there are those who file a notary lawsuit can be sued to pay compensation, interest and fees. And the notarial deed has no legal force if it is not in accordance with the laws and regulations that apply to the foundation.

Replacement Procedure and Mechanism Lost Minuta Deed Due Natural Disaster Chaerullah Wahyu; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study as follows: 1) to identify and explain the procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. 2) to identify and explain the barriers and solution procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. The method used in this research is descriptive using normative juridical approach. Sources of data obtained by collecting primary data and secondary data. Primary data were collected by interview and secondary data obtained through primary legal materials, secondary law and tertiary legal materials. Based on the results of this research to know that the procedures and mechanisms Replacement of Lost Minuta Due Natural Disaster is Making a report that the notary with Lost Minuta Deed to the police, but if the minutes of the deed is lost due to force majeure or break up the core of the minutes of the deed can not be read again the notary shall make an official report which will then be submitted to the news event MPW or MPD. 1) make a report to the police to report content that the notary concerned has lost all documents and other important files. 2) send the report to the Minister of Justice and Human Rights of the Republic of Indonesia concerning the condition of the notary's office damaged by natural disasters. 3) send a letter containing a report to the Director of the Department of Civil Law and Human Rights of the Republic of Indonesia, Directorate General of Legal Administration, Solution: 1) heirs to apply for approval of the minutes of the notary deed or protocol to the notary who willing to accept the minutes of a notary deed or protocol of the notary who had died or disappeared because of natural disasters. 2) notary willing to accept the minutes of a notary deed or protocol to apply to the Minister of Justice and Human Rights of the Supervisory Council cq region of Central Celebes province of Indonesia concerning the appointment of the protocol. 3) after a petition submitted and accepted by the Supervisory Council of the Territory, then the Regional Supervisory Council issued a decree on appointment of notaries container protocol of notary who died or disappeared because of natural disasters.

The Strength of Proof on Underwrited Deed in Waarmeking by a Notary Setiawan Widiyoko
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 power of proof of an underhand deed as evidence in court in connection with the authority of a Notary in carrying out Legalization and Waarmeking based on articles 1874, 1874 (a) and 1880 BW of the letter evidence must have legalization or waarmeking from the authorized official. In Decision Number 13 PDT/2020/PT.MTR there is a difference in Judex Factie in the trial between the Praya District Court and the Mataram High Court. This study analyzes how aspects of the strength of proof of underhand deeds that have been legalized or waarmeking by a Notary and legal considerations applied by judges in examining and deciding the case. This study uses a normative juridical legal research method, namely legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures that have correlation and relevance to the problems to be studied, as well as legal theories and opinions of scholars. The underhanded deed which is waarmeking is perfect evidence, the contents of the underhand deed that have been registered at a Notary with the signing of the parties are valid, the proof value of the underhand deed must meet formal and material requirements, then the proof value is the same as the authentic deed, namely the proof value. perfectly attached and binding, while the power of proof of a deed under the hand that has been waarmeking in evidence at trial has imperfect proving power when each party denies the contents of the agreement. Notaries in carrying out their duties must be in accordance with applicable laws and regulations so that there are no disputes over agreements that have been waarmeking. so that it has perfect proof of certainty in the eyes of the law.

Role and Responsibilities of Notary Statement on General Meeting of Shareholders (AGM) Yuli Tri Yana; Widhi Handoko
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to determine: 1) The powers and responsibilities of Notaries in deed statement of decision general meeting of shareholders of a limited liability company, 2) The legal consequences of a deed statement of decision general meeting of shareholders of a limited liability company, 3) Legal protection for Notaries in the making deed of declaration decision general meeting of shareholders limited liability company. The approach used in this paper is normative, with the help of primary data in the form of legal material which is two primary legal materials and secondary legal materials as the main data. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative. The research results are: 1). Role of Notary in the manufacture of the Deed of General Meeting of Shareholders of the Company Limited by Act No. 30 of 2004 concerning Notary, particularly Article 15 which essentially gives some authority to the Notary as a public official in performing their duties, namely: Notary authorized to make an authentic deed regarding all deeds, agreements, and provisions required by legislation and / or desired by the stakeholders to be stated in an authentic deed, deed of guarantee certainty of the date of manufacture, save deed, giving grosse, copy, and official copies, all of it along the manufacture the deed was not also be assigned or excluded to other officials or any other person specified by law. 2). General Meeting of Shareholders. 3). Deed of the General Meeting of shareholders is an authentic act that is Partij Akten that deed made by the parties before a notary.

The Urgence of Notary Deed for Organs Transplantation in Framework of Preventing Human Organs Transaction Muhammad Maulana Kevin Rizaldi; Anis Mahdurohatun; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Trafficking in human organs is a threat and also a crime for humanity. Crimes against humanity, the United Nations then formulated the practice of trafficking in human organs which was carried out with illegal means and purposes as part of a transnational crime. The regulation on organ transplantation in Indonesia is regulated in Act No. 36 of 2009 concerning Organ Transplantation. To ensure legal certainty in organ transplantation, both donors and recipients will submit a written statement not to buy organs from a prospective donor or enter into a special agreement with a prospective donor, which is stated in the form of a notary deed or a written statement ratified by a notary. The research objective is to analyze the urgency of the notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs based on the Minister of Health Regulation No. 38 of 2016, the obstacles that arise in the making of a notary deed, the formulation of a notary deed in the implementation of organ or human tissue transplantation. This research is included in empirical juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. Data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using inductive thinking methods. Based on the results of the study found From the positive law, namely Permenkes No. 38 of 2016 and Islamic law, in organ transplantation it is known that there is a condition that there is no sale and purchase of organs, there is no special agreement that provides benefits to the donor and is carried out with a notarial deed in the form of an agreement or written statement under the hand that legalized or waarmerking. Currently, there are no technical or procedural obstacles in making a notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs. The formulation of a notarial deed in the implementation of human organ or tissue transplants based on the Minister of Health Regulation No. 38 of 2016 is based on the legal arrangement regarding authentic deeds, namely Article 1868 BW.

Online Single Submission Institution Existency in Land Technical Considerations Susi Andriyani; Ira Alia Maerani
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 enactment of Government Regulation Number 24 of 2018 which introduces the existence of an Online Single Submission (OSS) institution has brought many changes in various fields, one of which is in the field of land services. This study analyzes the implementation of land technical considerations through the OSS institution and the constraints in implementing land technical considerations through the OSS institution. The research method used is normative legal research with a statutory approach and a conceptual approach. The results show that the implementation of land technical considerations through the OSS institution is aimed at providing convenience in processing permits in order to improve the investment climate in Indonesia.

Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties Euis Istianti
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 focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.

Implementation of Deep Assets Separation Agreement of Indonesian Citizens Who Marriage with Foreign Citizens Bella Arwinilita; Gunarto Gunarto; Anis Mashdurohatun
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to analyze legal protection in the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign nationals and to analyze the authority of a notary on the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign citizens. This research uses empirical normative research. The approach method used is the statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage agreement can provide legal protection for the parties who make it. The agreement deed made in a notary can be used as written evidence in court if problems occur in the future. Based on Article 1868 of the Civil Code and the authority of notaries in Article 15 of the UUJN, it states that notaries have the authority to make authentic deeds related to all agreements. Notaries must be able to provide legal certainty in people's lives because in the deed there is evidence that clearly determines the rights and obligations of a person as a legal subject in society. Notary Deed as a deed that has perfect evidentiary power makes the position of the Notary deed as the first and foremost evidence in civil evidentiary law.

Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce Akrimni Nur Zakiyyah; Sri Endah Wahyuningsih
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.

Analysis of Notary Immunity Laws that Open Confidentials in Trial Based on Act No. 2 of 2014 Concerning Amendment to Act No. 30 Of 2004 Concerning Notary Office (Case Study Decision Number 83 / PID.B / 2011 / PN. SKA) Mahfud Baihaqi
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

As a legal instrument, on the one hand the notary has the right to refuse as a professional public official, by having to hold his oath of office not to disclose the contents of the act, on the other hand the notary must stand in the state's interest which refers to the public interest for the settlement process law in Justice, if in the investigation stage up to the hearing of a notary, it is necessary to become a witness in a criminal case, so as to produce a fair decision, useful and guarantee legal certainty. Purpose of research this To Know the Limits of Opening Secrets in a Court based on Invite Number2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public and To Know the Legal Consequences for Notaries who disclose secrets in court based on Invite Number2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, 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 In determining the extent to which the right of denial of the notary public must start from the obligation for the notary not to talk about the contents of his deeds, in the sense of either what is stated in his deeds or about what was notified or conveyed to him in his position as a notary. , even before a court of law, except for matters where there is a higher interest or in matters for which a notary by the applicable laws and regulations expressly exempt him from his oath of secret office. For the purposes of summoning a notary based on Article 66 paragraph 1 letter b. Police, prosecutors and judges must obtain prior permission from the Regional Supervisory Council. On the basis of the request for permission from the Police, the Regional Supervisory Council (MPD) shall hold a panel meeting to examine the notary regarding whether or not the notary is required to provide information at the examination of a criminal case.

Page 16 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

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

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