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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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Legal Consequences of Financing a PT Established by Husband and Wife Without a Marriage Agreement on the Signing of a Lease Agreement M Madaninabawi; Jawade Hafidz
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 purpose of this study is to analyze: 1). Regulation of the establishment of a limited liability company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company. 2). The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement are the signing of a lease agreement at a finance company. The research method used in this research is normative juridical research. The data in this study uses secondary data, which is sourced from library materials, while the data analysis uses qualitative analysis. The conclusions in this study are: 1) The regulation of the establishment of a Limited Liability Company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company, namely basically there is no clear statutory regulation regarding the establishment of a Limited Liability Company (PT) by a married couple without a marriage agreement, In practice, it is possible for a Notary to continue serving on the grounds that a PT is an agreement between two or more people and husband and wife as legal subjects have rights and obligations under the law. Even in the establishment of a PT, the Indonesian Ministry of Law and Human Rights - SABH never questioned husband and wife or not, the legal entity of the PT was still ratified. Generally, the lease agreement made is in the standard form made by the lessor, while the lessee only agrees to it. The agreement made is binding on the parties who make it. 2) The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement on the signing of a lease agreement at a finance company, namely the agreement is valid if it fulfills the conditions in the agreement, but in the event of bankruptcy or default in the lease agreement, the liability for the debt or losses to the finance company are not only borne by the assets available in the PT, if the assets in the PT are not sufficient to pay the debts, then husband and wife as well as founders and shareholders will share in the use of the joint assets.

Implementation of Sharia Financing Agreements with Fiduciary Submission of Property Rights to KSPPS BMT Al Hikmah Semesta Chandra Kurniawan; Akhmad Khisni; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The research objective is to determine the role of the implementation of the Islamic financing agreement with the transfer of property rights in a fiduciary manner and how to solve the problem if there is default by the debtor, as well as the constraints and solutions in implementing the sharia financing agreement by means of musyarokah. The approach method uses empirical juridical. The data collection technique uses library research and field research. Data were analyzed descriptively qualitatively. The results of the study stated that the implementation of the sharia financing agreement with the transfer of property rights in fiduciary manner to the KSPPS BMT AL HIKMAH SEMESTA Jepara Regency consists of several stages, namely the application stage, checking and field inspection, making customer profiles, committee meetings, committee meeting decisions, binding, ordering goods consumers, payments to suppliers, collection of payments, and taking guarantee letters. The resolution of the problem if there is default by the debtor, namely given 3 warning letters if during 12 months of non-payment, and finally the guarantee will be auctioned if it is not immediately paid. Constraints and solutions in implementing the sharia financing agreement through musyarokah are document falsification by the customer, fictitious business, misuse of financing, the customer does not make payments or defaults on his obligations to the BMT according to the agreed time, BMT if there is default, namely stages that takes too long from reporting to the police to the District Court.

The Legal Implications on Cancellation of Notaries which can be Canceled by Law Akhmad Mufasirin; 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

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.

Responsibilities of Land Deed Making Officials (PPAT) for Preparing Unsettled Land Deeds of Sale and Purchase Dede Yohana
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to identify and analyze: 1). Arrangements for the transfer of land rights in the Sale-Purchase Deed made before the PPAT. 2). Position of the Deed of Sale and Purchase, which payment has not been fully paid. 3). PPAT responsibility for the preparation of the Sale and Purchase Deed, the payment of which has not been fully paid. The approach method in this research is juridical normative, namely research that emphasizes the science of law and tries to examine the rules of law that apply to the subject matter. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method is carried out by qualitative descriptive analysis. The results of the research resulted in the following conclusions: 1) The PPAT of the Official for Making Land Deeds is appointed by the government, in this case the National Land Agency with certain duties and authorities in the transfer of land rights, deeds of assignment of land rights, and deeds of granting power to impose mortgage rights as regulated in the prevailing laws and regulations. PPAT has responsibility for the deed it makes, namely administrative responsibility, civil responsibility and criminal responsibility. 2). Whereas if the PPAT has been negligent either intentionally or unintentionally made a Sale and Purchase Deed even though the land payment has not been paid off so that it is detrimental to the PPAT client, then the PPAT will be liable administratively and can also be sued to be accountable for its negligence in civil terms. 3). Efforts made by the Official for Making Land Deeds (PPAT) if the payment for the sale and purchase of land has not been paid off is by making a Sale and Purchase Agreement (PPJB). The land sale and purchase agreement was made because one of the conditions for the implementation of the Land Sale and Purchase Deed had not been fulfilled, namely the payment of land which had to be paid in full according to the agreed price. After paying off the remaining payment, then a Sale and Purchase Deed can be made.

Responsibility Of The Office Of The Land Act Maker (PPAT) Towards The Land Sale And Purchase Act Made In The Case Of Data False By The Parties Yoga Ekasaputra Kuswandi
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 | DOI: 10.30659/sanlar.2.4.750-764

This study aims to analyze the responsibilities of the Land Deed Making Officer (PPAT) on the land sale and purchase deed made in the event that there is falsified data by the parties and the legal consequences of the land sale and purchase deed that contains falsified data. This study is a normative law study that departs from the emptiness of norms on legal protection for Land Deed Making Officials (PPAT) on information, identity, and or false documents submitted by the parties that are used as the basis for making a deed of sale. This study uses a legal approach, a conceptual approach, and a case approach. The legal materials used in this research are primary legal materials and secondary legal materials. The technique of collecting legal materials used is a literature study. The theories used in this research are the Theory of Legal Certainty and the Theory of Legal Authority. The results of this study show that the responsibility of the Land Deed Making Officer (PPAT) for false information, identity, and or documents in the making of the deed of the parties/parties of the deed cannot be held accountable by the Land Deed Making Officer (PPAT) as long as the Land Deed Making Officer (PPAT) does not violates the Law and Regulations of the Department of Land Deed Making Officials (PPAT), does not violate the technique of making deeds or applicable laws and regulations. Consequences of law Against land sale and purchase deeds that contain data that was falsified by the parties and known at the time of applying for a certificate of title, the land sale and purchase deed that has been made that contains data that was falsified by the parties, then the act is legally defective or invalid legally or legally void. Advice to the Land Deed Making Officer (PPAT): The Land Deed Making Officer (PPAT) to always try to be professional and when called the investigator remains silent and states that he is using his right to default.

Legal Protection on Notary Related with Deeds which Made in Process of Police Investigation Nopi Siswanti; Sri Endah Wahyuningsih
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 notary office law and the notary code of ethics require that notaries in carrying out their duties as public officials, in addition to being subject to the position of a notary, they must comply with the professional code and must be responsible to the people they serve . Notaries who neglect all dignity of their positions apart from being subject to moral sanctions, being reprimanded or dismissed from their organization can also be fired from their positions as notaries. In fact, not all notaries act fairly, are impartial, and protect the interests of the parties. This study wants to see how the different roles of Indonesian police investigators in handling criminal acts committed by notaries after the Constitutional Court Decision No. in legal protection for notaries related to the deed he makes, then see how the model of legal protection for notaries who commit criminal acts related to the deed he made after the Constitutional Court Decision No 49 / PUU-X / 2012 and Ministerial Regulation and Human Rights Number 7 of 2016. Research it uses a socio legal approaches. Socio legal research examines the implementation or implementation of positive legal provisions in fact at any particular legal event that occurs in society in order to achieve predetermined goals.

Decision Development of Constitutional Court on Heritage Rights of Children Outside of Marriage Devi Sumiwardani
Sultan Agung Notary Law Review Vol 2, No 1 (2020): March 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Based on Islamic law and the Civil Code, children who born outside of marriage have a different status with legitimate children. This difference is due to the validity of the marriage relationship. It seems that the issue of children outside of marriage in Indonesia is still being questioned by people, even though conceptually or in formal juridical terms there are legal provisions regulating it. In society and the law, confusion often occurs due to differences in legal rules. The issues that will be discussed in this research are; (1) How is the implementation of the inheritance rights of children outside of marriage according to positive law in Indonesia? (2) How are legal protection measures for children outside of marriage? and (3) What is the legal consequence of the Constitutional Court Decision which is seen as a development towards the inheritance rights of children outside of marriage? This research uses a normative juridical approach that analyzes articles in statutory regulations. The research specification is descriptive analytical, which aims to provide a detailed, systematic and comprehensive description of the civil rights issues of children outside of marriage. The data collection method uses primary legal materials consisting of books and opinions of scholars and various laws and regulations and secondary legal materials consisting of internet sites. The conclusion of this study is that children outside of marriage have legal consequences, namely the consequences of having the right to legal recognition and protection if they fulfill Article 2 paragraph (2) of Act No. 1 of 1974. The Constitutional Court's decision is of the opinion of Article 43 paragraph (1) of Act No. 1 of 1974 that “children who born outside of marriage only have a civil relationship with their mother and their mother's family, as well as men as their father, which can be proven based on science and / or other evidence by law to have blood relations including civil relations with their father's family. The Constitutional Court decision only concerns children resulting from marriage who are not registered, not children resulting from adultery. Regarding the result of adultery children who do not have a family relationship, marriage guardian, inheritance and income from the male who caused the birth.

Role of Notary in the Making of A Powerful Legal Entire Property Distribution Deed Hawwa Hauro; Widayati Widayati
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 distribution of inheritance using a notary deed is an alternative method of inheritance distribution in addition to using court institutions which are commonly used by Indonesian people in inheritance distribution. This writing aims to analyze the theory of the implementation of the distribution of inheritance and the evidentiary process in order to get full evidence in the District Court. The research method used in this thesis is a sociological juridical approach, namely legal research carried out by examining how reactions and interactions occur because legal expectations are often different from the reality that occurs in society, or it can be called the gap between Das Sein (facts) and Das Sollen (norms/expectations). This study was analyzed using the theory of justice in Islam, the theory of legal certainty, and the theory of proof. The results of the study found that the theoretical analysis of the implementation of the distribution of inheritance, both according to the distribution of Islamic inheritance and the Civil Code already has legal certainty.The power of proof attached to an authentic deed is perfect strength and means that the proof is sufficient with the deed itself unless there is opposing evidence (tegen bewijs) which proves otherwise or proves otherwise from the deed. A deed according to the formulation of Article 1868 of the Civil Code, to obtain authenticity as an authentic deed, must meet several requirements, namely: the deed is made by or before a public official; the deed must be made in the form determined by law; and the public official must have the authority to make a deed.

Position of Foundation Assets from State Assistance Mohammad Fahdi; 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

The existence of a foundation in the community to achieve various activities, aims and objectives in the social, religious and humanitarian fields has developed rapidly and has more diverse features. However, there are various interpretations of the substance of the Law on Foundations in society, which can lead to uncertainty and legal order. In this connection, a foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. A foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. Based on the Foundation Law, it is stated that the sources of the Foundation's assets can also be obtained from: donations or assistance that are not binding, waqf, grants, testament grants, and other acquisitions that do not conflict with the articles of association or the prevailing laws and regulations. Donations or non-binding assistances are defined as voluntary donations or assistance received by a foundation, whether from the State, the community or from other parties. This research was conducted to analyze problems arising from the position of the foundation's assets originating from state assistance and to find solutions to the problems that arise. The approach method used in this research is normative juridical which is descriptive-analytical in nature. Primary data is obtained using field research methods, while secondary data is obtained through library research. The collected data were analyzed qualitatively. The results of this study indicate that the management of the foundation is still influenced by the bureaucratic structure when viewed from the composition of the personnel of coaches, administrators and supervisors consisting of former local government officials and the Ministry of Religion of Cirebon Regency.

Notary Investigation in Making Copies of CV's Deed Establishment Which Different Numbers in Minuta Mauliawati Alifah
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

CV deed whose minute deed number is different from the copy of the deed. The existence of a Notary who is summoned and examined by the Police is related to the tasks carried out by a Notary, namely: making a copy of the CV's deed of establishment which turns out to be a different number from the minutes of the deed. Meanwhile, the notary concerned does not believe that the copy of the deed has a different number with the minutes of the deed. Notaries have the responsibility in terms of discrepancies between the Copies of the Deed and the Minutes of the Deed, which have been regulated both in the Act and in the Notary Code of Ethics. This study uses normative juridical. Normative juridical research examines the factual implementation or implementation of positive legal provisions (laws) and contracts in each particular legal event. The results of this study are 1) The role of the investigator against the Notary who makes a copy of the deed, Investigators, Public Prosecutors, and Judges are only allowed to take photocopies of the minutes of the deed and/or letters attached to the minutes of the deed or the protocol of the notary in the notary's storage, as long as for the interest of the judicial process and has obtained the approval of the Notary Honorary Council; 2) Efforts that can be made by a notary in the event of a typo contained in the minutes of the deed whose copy has been issued are basically casuistic in nature, for example the Deed of Establishment of a Limited Liability Company (CV), there is a typo.

Page 18 of 39 | Total Record : 383

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Yusuf Wisnu Mandaya

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sanlar@unissula.ac.id

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+6285399441898

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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

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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