cover
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
Sultan Agung Notary Law Review
ISSN : -     EISSN : 26864428     DOI : 10.30659
Core Subject : Social,
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
Result of Law on Construction of Flats which are Granted Ownership Rights Over the Building Use Rights Khoeron Khoeron
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (769.483 KB) | DOI: 10.30659/sanlar.2.4.672-680

Abstract

The study, entitled "The Legal Consequences for the Construction of Flats Which Are Given Ownership Status over Building Use Rights in the City of Semarang" in order to find out and analyze legal protection for apartment owners with ownership rights over building use rights and legal consequences of building flats with ownership rights above the right to build. This study uses an empirical juridical approach, which is a legal research conducted by examining and analyzing existing facts in line with observations in the field. Legal protection of ownershipownership rights to flats above the right to use the building, of course based on evidence of legal certainty obtained by the owner of the apartment unit in the form of a certificate of ownership of the apartment unit. Ownership of one flat is certainly owned by each individual who owns the flat with horizontal and vertical separation principles. The regulation regarding the right to build itself explains that the legal consequence of the expiration of the term of the right to build will result in land falling to the state so that each resident of the apartment with the joint management of the apartment must still pay attention to the period of time for the unit belonging to the apartment. The legal consequence of the construction of a flat above the right to build is that based on the principle of horizontal separation so that there is proof of ownership of the apartment which is explained in the certificate that the ownership rights to the apartment unit are not eliminated provides a certainty of ownership of the apartment. The status of the apartment on the right to build will certainly result in each resident of the apartment paying the cost of extension of the building use right because in this case if the right to use the building ends it will have an impact on the status of the land that is jointly owned in the form of public facilities around the house stacking.
LAW VIOLATION EFFECTS OF CODES CONDUCTED BY NOTARY Ngadino Ngadino
Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.398 KB) | DOI: 10.30659/sanlar.1.1.57-66

Abstract

This study aims to determine the legal consequences in case of violations of the code of conduct by notary and notary determine responsibility in the event of violation of professional ethics. The method used is empirical juridical approach. The method used is a qualitative method. Specifications research in writing this research is a descriptive analytical research. Methods of data collection for primary data obtained through interviews guided free.Based on research conducted can be concluded that 1) Due law violation in case of code violations by the notary is a Notary Public who breach the code of conduct as defined in the legislation then the solution is based on provisions itself, so that the legal certainty of the notarial profession is guaranteed. Notary who commits an offense against ethics, decency or moral solution not only according to the code of ethics alone, but can also be based on legislation. Everything that is not done by the notary clearly and expressly set forth in the form of legislation; 2) The notary public responsibilities in the codes violation is when notary did violation to the code of Indonesian Notary Association (INI) or another people who has notary position in the duties or daily activity.Keywords: Due To The Legal; Ethical Codes Notaries; Notary.
The Authority Differences of Notary and PPAT in Making of Land Deed Certificate Tocko Haryanto; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (861.468 KB) | DOI: 10.30659/sanlar.3.2.398-408

Abstract

The purpose of this study is to analyze and explain the Authority of Notaries and PPATs in Making Land Deeds Based on Act No. 2 of 2014 concerning Notary Positions and Government Regulation Number 24 of 2016 concerning Regulations of PPAT Positions. To analyze and explain the legal position of the rights and obligations of a notary based on Act No. 2 of 2014 concerning the Position of a Notary and the legal position of the rights and obligations of a PPAT based on Government Regulation Number 24 of 2016 concerning the Regulation of the Position of a PPAT. The method used by the researcher is normative and The specifications in this study is descriptive. The sources and types of data in this study are secondary data obtained from literature studies related to the theory of authority and legal certainty. Based on the results of the study that the difference between the authority of a notary and a PPAT in making a land deed is the authority of a notary in making the land deed, namely the land deed that is outside the authority of the PPAT as stated in Article 2 paragraph (2) of PP Number 37 of 1998. The authority of the official making the land deed is still limited by various kinds of legislation. Legal Position Rights and Obligations of Notaries and Legal Positions Rights and Obligations of PPAT is the urgency of the right to deny a Notary lies in the obligation of the Notary to carry out the mandate of the UUJN. The position of the Land Deed Maker Official is as an authentic deed maker official, besides that PPAT (Land Deed Making Officer) is also referred to as a secret custodian of the deed (regarding the contents) that has been made in order to maintain the interests of the parties in the deed.
The Implementation Of The Notary Careful Principle In Implementing The Position As A Public Official Uyunun Nafisa; Setyawati Setyawati
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (551.013 KB) | DOI: 10.30659/sanlar.2.2.83-90

Abstract

The purpose of this study are: 1) To Know and Analyze the Application of the Principle of Notary Precautions in Carrying Out His Position As a Public Official. 2) To find out and analyze the legal consequences of an authentic notarial deed that does not apply the precautionary principle in carrying out his position as a public official. This research uses the Sociological Juridical Approach Method. The data used in this study are primary, secondary and tertiary data which can support the assessment, which are then analyzed using the Descriptive Analysis and Qualitative Analysis methods. Based on the results of data analysis, it can be concluded that: 1) Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 9 Of 2017 Regarding the Application of the Principle of Recognizing Service Users for Notaries, requires the Notary to be careful in recognizing Service Users and must submit suspicious Transaction Reports to the Reporting Center Financial Transaction Analysis (PPATK) to avoid Notaries as a Means in Money Laundering Activities and provide legal protection to Notaries. 2) The position of an authentic deed which is proven later as money laundering is the responsibility of the tappers because in the Material Aspect (materiele bewijskracht) The information set forth in the official deed (official report) submitted before the Notary (party deed) must be assessed correctly.
The Tenure of Land by Foreigners through Nominee Agreements & Waarmerking by Notaries Anisa Amalia; Umar Ma'ruf
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (753.959 KB) | DOI: 10.30659/sanlar.3.2.586-596

Abstract

Land tenure between foreigners and Indonesian citizens through a nominee agreement is an effort made so that foreigners own land in Indonesia with Own rights status, which is done by borrowing the name of the Indonesian citizen to be included in the land certificate. However, this is contrary to the applicable laws and regulations. The problem in this research is what are the legal consequences of land tenure by foreigners through a nominee agreement made under the hand and waarmerking by a notary in Jepara Regency. This study uses an empirical juridical approach. The research specification is descriptive analytical, the type of data comes from primary data obtained through field studies and secondary data through library studies. Methods of collecting data through interview techniques, literature studies and document studies. The method of data analysis is descriptive qualitative. The results of the study indicate that the practice of land tenure through nominee agreements made under the hands of foreigners and Indonesian citizens with the aim that foreigners can control land with property rights status like Indonesian citizens is legally a form of legal smuggling so that the agreement is not valid or deemed to have never existed and resulting in the sale and purchase of the land being null and void and the land falling to the state, this is based on Article26 paragraph (2) BAL.
Legal Due To The Subject Limitation Of Liability Rights Irmawati Irmawati; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (819.538 KB) | DOI: 10.30659/sanlar.2.3.229-245

Abstract

This research aims (1) To find out the legal consequences of limiting the subject of the mortgage provider for the enforcement of Article 9 paragraph (5) of the Regulation of the Minister of ATR / BPN Number 9 of 2019 concerning Electronic Mortgage Services. This study uses an Empirical juridical approach. This study concludes (1). The legal consequence of the limitation on the subject of the Granting of Mortgage Rights on the enforcement of Article 9 paragraph (5) of the Regulation of the Minister of ATR / BPN Number 9 of 2019 concerning Electronic Mortgage Services, namely the defective element of intention in APHT, the emergence of nominee agreements and PERMEN ATR / BPN No. 9/2019 contradicts the principle of lex superiori derogat legi inferiori Article 8 in conjunction with Article 4 paragraph (4) and paragraph (5) of the UUHT.
Implications of Falsifying Authentic Data in Deed of Sale & Purchase on Certificate of Building Use Rights (SHGB) Teguh Eko Saputro; Ira Alia Maerani; Taufan Fajar Riyanto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (882.905 KB) | DOI: 10.30659/sanlar.3.3.893-931

Abstract

PPAT is a public official who is given the authority to make deeds as evidence that certain legal actions regarding land rights have been carried out in court. One type of deed made before the PPAT is the deed of sale and purchase (AJB). AJB made before PPAT is a formulation of the will of the parties contained in it. The notary is required to be responsible for the deed he has made, sometimes the deed made before the notary contains false information, fraud and even untruth and is often subject to Articles 263, 264, and 266 in conjunction with Article 55 of the Criminal Code. However, if it is found that there are violations committed by PPAT criminally, criminal sanctions can be imposed according to the Criminal Code. This research was conducted through a normative juridical approach, namely an approach to problems formulated by studying the provisions of laws and regulations relating to problems and comparing them with the application of laws and regulations. Data analysis was carried out by collecting primary and secondary data. Data analysis was evaluated qualitatively using interpretation and legal logic so as to obtain or strengthen an existing picture to answer problems based on laws and regulations using a deductive method. The results of this study indicate that the legal implications of falsifying authentic data on sale and purchase deeds made by PPAT are that the deed only has legal force as an underhand deed and the authentic deed can be canceled if the party claiming can prove it in court in court. The responsibility of PPAT who commits falsification of authentic data in making a deed of sale and purchase, can be held accountable before the law because his actions cause harm to others. In this case the forgery of the deed committed by the PPAT/Notary San Smith in a criminal manner, criminal sanctions can be imposed in accordance with the Criminal Code (KUHP), namely Article 266 Paragraph (1) in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code with threats participated in entering false information and there were losses resulting from a forged deed, so that PPAT San Smith was sentenced to 1 year in prison in the Medan District Court Decision No. 3036/Pid.B/2009/PN.Mdn. Efforts are being made to overcome the problem of falsifying authentic data on the sale and purchase deeds made by PPAT, namely providing legal protection with the following steps: (a) formulating specific rules regarding the limitations of notary criminal liability in UUJN.
Implementation of Transfers of Sale and Purchase Rights to Freehold Land and Registration Anggri Rizky Pradhani
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (865.065 KB) | DOI: 10.30659/sanlar.2.4.408-423

Abstract

This study aims to: 1) To find out the procedures and procedures for the sale and purchase of freehold land and its registration at the Cirebon City Land Agency Office. 2) Obstacles that occur in the registration of the transfer of sale and purchase of property rights at the Cirebon City Land Agency Office. The approach method used in this research is the juridical empirical legal approach method. Research using the empirical juridical legal method is also called legal research regarding the enactment or implementation of normative legal provisions in action on any particular legal event that occurs in society. Based on the results of the data analysis, it is concluded that: 1. To make it easier to carry out legal actions of transferring property rights which are the objects of transfer to the right recipient, the transfer of rights must be carried out before the Land Deed Making Official who makes the deed and registered at the Land Office. In making a deed of sale and purchase of land rights, the seller, the buyer and witnesses must attend. Two pieces of land deeds issued by PPAT are made, all of which are original. One sheet is kept at the PPAT Office, the other sheet is submitted to the Head of the Land Office for registration purposes. The parties were only given a copy. 2. Obstacles originating from internal factors, causing the community to feel disappointed because the registration service for the transfer of land rights seems slow, While the obstacles originating from external factors, there are still many people who do not make the transfer of their land rights before the PPAT and at the same time do not register the transfer at the Land Office.
Jurisdiction Overview Implementation of Registration of Property Rights Transfer to Land by Grants Pramudya Hutama
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (735.317 KB) | DOI: 10.30659/sanlar.3.3.1120-1126

Abstract

This research described and studied the freehold ownership of land transition by grant. This research is categorized as an empirical law research using the descriptive approach. This research is condusted in Kebumen Regency. There are two kinds of data that is used in this research, namely primary and secondary data. The method that is used in data collection are observation, interview, and library research based on Indonesia Law and Rules books, related documents, etc according to the topic. Data analysis using qualitative analysis by interactive model. The result of this research shows that the freehold ownership of land transition by grant in Kebumen Regency is already appropiate to the procedure in exist regulations. The freehold ownership of land transition by grant has to be registered in Kebumen Palace and National Land Office to gain certain law in the shape of title holder. Therefore the land status will be clear, it is not only about the burdens, the widht, but also the rights that in herent to it.
Research on Inheritance for Children from Sirri Marriage Based on the Compilation of Islamic Law Nabilla Ayu Suraya; Akhmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (790.229 KB) | DOI: 10.30659/sanlar.3.1.48-55

Abstract

Sirri marriage is a marriage that is carried out by a couple without notification (registered) at the Office of Religious Affairs (KUA), but this marriage has fulfilled the elements of marriage in Islam, which includes two brides, two witnesses, a guardian, consent, and also the dowry. This marriage Sirri is legal according to religion, but not according to positive law (state law). Inheritance right is a law that regulates that the inheritance of a person who has passed away is given to those who are entitled, such as families and communities who are more entitled. Meanwhile, the inheritance rights obtained by the child resulting from the Sirri marriage can only be obtained from the mother, unless the biological father recognizes and grants the inheritance right which is called wajibat. The research method used is the normative juridical approach, the specification of research by means of an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and legislation related to this research, the data used are primary data and secondary which consists of primary legal materials and secondary legal materials, the data collection techniques used are through library research and field studies. Based on the results of the research, it can be concluded that first, the construction of inheritance rights for children resulting from Sirri marriages based on the Marriage Law, and KHI, children resulting from Sirri marriages only receive inheritance rights in the form of compulsory wills, according to Article 862 to Article 866 of the Civil Code states if the deceased leaves legal descendants, then outside wed children get 1/3 of the share that should be received if they are legitimate children (Article 863 of the Civil Code), inheritance only applies to children outside wedlock who are recognized by the father and/or mother if they are not recognized from father/mother, outside children do not have the right to inherit. Second, the legal consequence of Sirri marriage is that children born out of wedlock or illegitimate are not entitled to inherit from their father. Third, the judge's consideration in deciding the case Number 0177/Pdt.P/2014/PA.Jbg based on the Supreme Court decision Number 46/PUU-VIII/2012 article 43 paragraph 1, namely obtaining the right to demand education financing while according to article 1365 of the Civil Code, civil rights, lineage inheritance, guardian of marriage or any civil rights that are not included in Islamic law are not included in the relationship between father and son that occurs because of a Sirri marriage but can receive a mandatory will. Suggestions before deciding to marry Sirri please think about the many negative impacts behind a Sirri marriage.