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[Responsibility Analysis of Land Deed Officials in the Transfer of Disputed Land Rights Implementation ]]>
<![CDATA[Dhian Ekasari]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.459-469
<![CDATA[The purpose of this research is to find out and analyze: 1). PPAT's responsibility in the transfer of land rights. 2). Implementation of the Registration of Transfer of Land Rights by Sale and Purchase in Magetan Regency. 3). Legal consequences for Land Deed Making Officials (PPAT) who make disputed land deeds in Magetan Regency. This research is a normative juridical approach, with a sociological juridical approach. The collection of primary and secondary data was obtained by using interview techniques and literature study, then analyzed by using qualitative analysis methods. The results of the research concluded: 1) The responsibility of the Land Deed Making Official (PPAT) in the transfer of land rights is regulated in Article 55 of the Regulation of the Head of BPN No. 1 of 2006, PPAT is personally responsible for the implementation of his duties and positions in every deed making. Civilly, the PPAT is responsible individually or personally for his actions in the implementation of his position, both for the deed he made. 2). The implementation of the registration of the transfer of land rights by sale and purchase in Magetan Regency begins with the stage of implementing a sale and purchase transaction between the seller and the buyer. After that, the sale and purchase transaction must be made by the PPAT. PPAT will check the Deposit Receipts (STTS) and PBB Tax Returns (SPPT), then by PPAT the files are brought to the Land Office to be registered as a certificate of ownership for the new land rights holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 3). The legal consequences of Land Deed Making Officials (PPAT) who make disputed land deeds in Magetan Regency, namely the registration of the transfer of land rights which are the object of dispute related to the recording in the land book is a refusal to register land rights by the local land office so that it cannot registration or amendment of land data is carried out during the blocking. Based on Article 45 PP No. 24 of 1997, the land office refused to register by returning the file in the form of a deed, certificates and related documents to the PPAT concerned as the executor of the registration of the transfer of land rights. The legal consequence of the returned sale and purchase deed remains an authentic deed and can be used again as a basis for registration if the blocking has been revoked by the applicant.]]>
<![CDATA[Multiple Land Rights Certificate Case Settlement Review of Land Registration ]]>
<![CDATA[Daniel Yudi Christanto]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.124-134
<![CDATA[The research objective is to know and analyze completion of Multiple Land Rights Certificate in Banyumas Regency. To find out and analyze problems in resolving the case of double certified land rights in Banyumas Regency, and To find out and analyze solution against Settlement of double certified land rights cases in Banyumas Regency.This research is a qualitative research with a normative juridical approach. Based on the results of research and discussion it can be seen that "Double Land Rights Certificate Completion in Banyumas Regency”. There are two ways of resolution, namely through the mediation process at the National Land Agency (BPN) to find a solution or win-win solution, but if there is no way out through the mediation process, the settlement is carried out through the litigation process or settlement of cases in court. Constraints in resolving cases of double certified land rights in Banyumas Regency. Due to the change of the Village Head, the new Village Head who does not know that the land already has a certificate will issue a certificate sporadically based on the community's request to issue the land certificate. The problem with the National Land Agency (BPN) is that there are elements who easily issue land certificates due to various factors such as errors in issuing land certificates, both types of certificates of land ownership rights, rights to building and rights to business. Solution against settlement of double certified land rights cases by providing legal protection to the legal owner, such as case No. 26/G/2014/P.TUN.Mks and case Number 30/Pdt.G/2018/PN Pwt, namely that the Plaintiff has received protection in accordance with the applicable law, even though it has to go through a fairly long and time-consuming judicial process, because the land owner controls the land on the basis of legal and strong rights obtained in good faith, it must be protected by law.]]>
<![CDATA[Principle of Same Rights to Land in Absentee Land Ownership ]]>
<![CDATA[Endah Kibiantiningsih]]>;
<![CDATA[Amin Purnawan]]>
<![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.3.3.785-794
<![CDATA[Land is one of the natural resources in Indonesia that can be used as a means to achieve the welfare of the nation's life, so it needs state intervention to regulate it. In accordance with the constitutional mandate as stated in Article 33 Paragraph (3) of the 1945 Constitution, Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles or called the UUPA is stipulated. All kinds of land rights can be granted to all Indonesian people, both men and women, regardless of race, ethnicity and religion. From these provisions, Article 10 of the UUPA paragraph (1) stipulates that every person and legal entity that a right to agricultural land is in principle has to work or actively cultivate it himself, by preventing extortion. The article does not explicitly explain that it is prohibited to own agricultural land in an absentee manner, but this article can be intended to do so. The term absentee land will not be found in statutory regulations, but it can be understood that absentee land is land ownership located outside the area where the owner lives. Agricultural land should actually be used and worked on in an effort to meet productivity which will increase the national economy. However, the prohibition on land ownership does not apply to Civil Servants (PNS) who are equal with those who are carrying out state duties. Based on the above background, the formulation of the problem that the author wants to put forward in this study are: (1) How is the application of the principle of equality of land rights in absentee land ownership at the Karanganyar Regency Land Office. (2) Is absentee land ownership at the Karanganyar Regency Land Office in accordance with the application of the principle of equal rights to land. (3) How to obtain rights to Absentee land at the Karanganyar Regency Land Office. This study uses a normative juridical method, namely research that is fundamental in certain methods, systematics and thoughts which aims to examine one or several legal phenomena by analyzing them. From the research in the field, it can be concluded that the prohibition of absentee land ownership in Karanganyar Regency is not in accordance with the principle of equal rights between civil servants and the general public. The way to register land ownership (in this case land with the term absentee) for civil servants, as well as in Karanganyar district is (1) Applying for a permit to the local BPN office (2) Identity Card and appointment letter for PNS, TNI, POLRI (3) For retirees attach a statement letter that will manage the registered land itself. Ways to register land ownership for common citizens; (1) Identity Card, (2) Family Card, (3) Notice of Taxes Payable and (4) Land History.]]>
<![CDATA[Problem Solving Administration of Notary/PPAT’s Errors ]]>
<![CDATA[Yuni Hanriani]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.301-308
<![CDATA[This study was appointed because of a problem that arose at PT bank BRI Syari’ah Semarang Branch Office, where there was an error in writing the financing agreement in the explanation of the principal deed. The problem was only discovered 1 year after the signing of the notarial financing agreement and the issuance of the mortgage rights by BPN and the customer with the status of a non-performing customer so that a guarantee auction would be executed. The problems raised in this study were: (1) What were the factors that caused errors in making SKMHT ?; (2) How is the function of the Notary Regional Supervisor in resolving the Notary's mistakes in making the wrong SKMHT Notarial Deed ?; (3) How are the efforts to resolve the wrong SKMHT that has been issued by BPN, without harming the parties? The research methodology used in this research is a sociological yuiridis approach, by paying attention to conditions in the field and linking them to the prevailing laws and regulations. Based on the results of research in the field, it is known that: (1) The factors that caused errors in making a Power of Attorney to impose Mortgage Rights (SKMHT) were: negligence in writing in Minuta which resulted in imperfect binding defects on matters that had been agreed between the two parties. parties, the lack of thoroughness between the parties in further examination of the results of the writing that has been made in the form of SKMHT deeds, and is due to excessive trust in their staff; (2) The function of the notary area supervisory board in examining and resolving problems in the field, also checks the physical minimum deeds of notaries. Viewed in an ideal level, it is necessary to separate the authority of the supervisory board. namely, the supervisory panel is more appropriate to supervise the behavior of a notary in carrying out the duties of a notary public or behavior that can interfere with the performance of the notary's duties; (3) Settlement measures taken by BRI Syari’ah and the notary concerned, is that the Bank asks the notary to be accountable by conducting a Renvoi by the Notary.]]>
<![CDATA[Notary Accountability for False Information by Appellant in Establishment Deed of Limited Liability Company ]]>
<![CDATA[Achmad Gunawan]]>
<![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.3.3.1000-1010
<![CDATA[The purpose of this research is to analyze and find out: 1). Procedure for Making a Deed of Registration of a Limited Liability Company. 2). The form of the Notary's liability for the deed of establishment of a Limited Liability Company made based on false information. The approach method in this research is normative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The procedure for making the registration deed of a Limited Liability Company (PT) is that it must meet the requirements in an establishment of a PT other than what has been regulated in Article 7 paragraph (1) of the Company Law, which must be based on an agreement made by 2 (two) or more persons, the form of the Deed of Establishment of a PT must also be in the form of a Notary Deed drawn up in the Indonesian language, in other words, in this case the Notary has the role of making a Deed of Establishment of a PT, which functions as probationis causa and solemnitas causa. 1) The notary is only formally responsible for the documents shown to him, in which the notary has no obligation to materially prove the truth of the documents shown to him. However, the notary must conduct an examination of all documents submitted to him which then also asks the appearer for information to be synchronized with the information contained in the document, in which case there are irregularities related to the documents and information submitted to him, the notary may refuse to continue the stages of making the deed. . Notaries can only be held accountable if the Notary is proven to have violated the provisions of Articles 84 and 85 of the UUJN and the notary code of ethics, which can be held criminally, civilly and administratively responsible.]]>
<![CDATA[Solutions for the Legality of Child Legal Actions in Making of the Notary Deed and PPAT Deed ]]>
<![CDATA[Asep Hermawan]]>
<![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.2.4.474-489
<![CDATA[This study aims to analyze and assess the legal arrangements for legal acts of children in the practice of notary duties and positions in the perspective of the Notary Position Law, as well as obstacles and solutions to its implementation. This study used a sociological juridical approach with descriptive analysis characteristics. Sources of data used in this study include primary data taken using interviews and secondary data with documentation studies, data analyzed using qualitative descriptive. Based on the research, it is concluded that the legal actions of a new child can be declared valid if the child is 18 years old, but in practice, notaries only serve the making of notary deeds for those who are 18 years old, while PPAT deed services are only intended for those who are 21 years old. The difference in service is the difference in age because of the existenceRegulation of the Head of the National Land Agency which enforces a minimum age of 21 years for PPAT deeds, according to the provisions of the Civil Code (BW). The Regulation of the Head of BPN is an obstacle to the application of UUJN and even makes UUJN have no legal certainty, it is also against the constitution and other laws of a higher degree. As a solution, the notary divides the deed into two parts, namely the notary makes a deed for 18 years old in the form of a notary deed, and for those who are 21 years old, besides a notary deed, a PPAT deed can also be made.]]>
<![CDATA[Implementation of Complete Systematic Land Registration Fee (PTSL) Determination at City/District Level ]]>
<![CDATA[Ardo Yoga Pradana]]>;
<![CDATA[Achmad Sulchan]]>
<![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.3.4.1178-1192
<![CDATA[This study aims to examine the policy for setting a Complete Systematic Land Registration (PTSL) fee at the central government level and the implementation of a Complete Systematic Land Registration (PTSL) fee determination at the Regency/City level. The research method in this thesis uses a normative juridical method and the research specification is descriptive analysis with the type of data based on primary and secondary data. Based on the results of observations and studies of laws and regulations related to the object of research, it shows that the PTSL costing policy has been regulated by the central government through a Joint Decree of 3 Ministers in which PTSL costs are categorized according to the region. Local governments in determining policies related to PTSL costing, their implementation must still refer to central policies so that policy synchronization continues. Regions that set costs in accordance with the SKB rules can immediately socialize the implementation of PTSL. Meanwhile, regions that determine the costs of PTSL themselves, through a policy-making mechanism and their determination must be regulated in writing through regional/village regulations. Suggestions from the results of this study. The implementation of PTSL needs to be socialized more massively, the government must ensure that there are no illegal fees, and if there are costs that exceed the provisions, a written determination is made and socialized to the public.]]>
<![CDATA[Land Registration Problems Related to Installation & Maintenance of Land Boundary Signs ]]>
<![CDATA[Dini Wulansari]]>;
<![CDATA[Achmad Sulchan]]>;
<![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.2.4.542-548
<![CDATA[The implementation of land registration activities itself is a government obligation which aims to provide legal certainty in order to protect the rights of land owners which also functions to determine the status of land parcels, who owns it, types of rights, land area, and use and utilization of the land as mandated by the Law. invite. In this research, the objective of this research is to find out what are the problems in land registration, the causative factors, and the role of BPN in dealing with the problems that occur.The approach method used in this research is the sociological juridical approach. This approach is taken to understand law in the context of its society, namely a non-doctrinal approach.The data needed, namely the types of primary data and types of secondary data, were taken by observation, interview and documentation methods. Methods of data analysis using qualitative descriptive analysis, meaning that this research uses data collection methods obtained directly from sources, either in writing or orally. The results showed that there are still land rights holders who do not fulfill their obligation to put up land boundary signs and the factors that cause land rights holders do not fulfill their obligations are due to lack of legal awareness. The role of BPN itself is to disseminate information to the community to install and maintain land boundary signs for the common interest and for the smoothness of the land registration process.]]>
<![CDATA[The Role of a Notary in Making A Syndicated Loan Authentic Deed ]]>
<![CDATA[Jodi Purgito]]>;
<![CDATA[Bambang Tri Bawono]]>
<![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.3.4.1353-1363
<![CDATA[The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.]]>
<![CDATA[Position of Land Deed Making Official (PPAT) in Bevoegdheid Bestuurs Perspective in Cirebon Regency ]]>
<![CDATA[Eva Natalya Widyanarti]]>
<![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.2.4.592-605
<![CDATA[The research objective was to identify and describe: 1) Position of Land Deed Making Official (PPAT) in the perspective of Bevoegdheid Bestuurs. 2).The weaknesses of the position of the Land Deed Making Official (PPAT) from the perspective of Bevoegdheid Bestuurs. 3).The administrative responsibility of the Land Deed Making Official (PPAT) for deeds that are legally flawed from a Bevoegdheid Bestuurs perspective. The approach method used in this research is normative juridical.This type of research is classified as a descriptive analytical research. The data collection technique used literature study techniques, while the data analysis was descriptive qualitative analytical. The results show that 1. Basically the delegation of part of the authority to carry out land registration is one form of implementing the Bevoegdheid guidelines. Where the Bevoegdheid guideline referred to is the public authority or authority possessed by BPN as government. Thus it can be said that the PPAT obtained delegation authority from BPN. It is said to have obtained delegation authority because the position of BPN as a government agency is higher than that of PPAT. 2. Weaknesses arising from the position of PPAT in the perspective of Bevoegdheid bestuur is the occurrence of maladministration as a form of abuse of authority in making authentic deeds. 3. The form of PPAT administrative accountability for deeds with legal defects is divided into two areas. First, according to Article 62 PP No. 24 of 1997 is subject to sanctions in the form of: a) warning; b) Warning; c) Schorsing and d) Disrespectful termination of IPPAT membership. Second, Article 13 paragraph (1) Permen ATR No. 2 of 2018 regulates the development of the types of sanctions in PPAT into: a) written warning; b) temporary dismissal; c) honorific dismissal; and d) dishonorable discharge.]]>
