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[Juridical Review of Name Loan Agreements in Controlling Property Rights to Land in Indonesia ]]>
<![CDATA[Afriyati Wahyningrum]]>
<![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.2.4.644-655
<![CDATA[This research is entitled Juridical Review of Name Loan Agreement (Nominee) in Ownership of Land in Indonesia. This research aims to find out (1) a juridical review of ownership rights over land of foreign citizens in investment activities in Indonesia and (2) the legal status or consequences of foreign citizens in investing in Indonesia. The problem in this research is the inequality between ideality and reality. There are still many practices of controlling ownership of land by foreign citizens through Nominee Agreements using the guise of Indonesian citizens so that it seems as if they do not violate the law. Even this action was legalized by the Notary/PPAT who in fact clearly understood the applicable law. This study uses a normative juridical approach. The method used in data processing and data analysis used in this study is a qualitative method, which is a descriptive analytical data analysis method that refers to a particular problem or is based on applicable laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory. that is, a descriptive analytical data analysis method that refers to a particular problem or is based on the prevailing laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory. that is, a descriptive analytical data analysis method that refers to a particular problem or is based on the prevailing laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory.]]>
<![CDATA[HOW THE IMPLEMENTATION OF LENDING FIDUCIARY GUARANTEE? ]]>
<![CDATA[Hartanto Hartanto]]>;
<![CDATA[Fatmasari Wulandari]]>;
<![CDATA[Ratih Mega Puspasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.1.1.67-81
<![CDATA[Lending by banks basically have an assurance bank of capability and debtors to repay their debts, and must be conducted on the basis of the principle of sound lending and the precautionary principle so that the credit does not harm the interests of the bank, customers debtor and the public depositors. It must be implemented, given the bank's loans to risk that is not returned in accordance with the agreement. One of the factors that would cause the value of bad loans is not comparable to a loan guarantee. In the banking world generally embraced the concept of an assessment of the highest collateral 80% of the value of the collateral, and the loan amount can be given is 80% of the value of the collateral.Keywords: Fiduciary; Credit; Implementation.]]>
<![CDATA[The Mudharabah Implementation in Correlation Context Time Deposit ]]>
<![CDATA[Asih Untari]]>;
<![CDATA[Siti Ummu Adillah]]>
<![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.3.2.409-418
<![CDATA[Islamic banks have the function of collecting funds from customers and channeling funds for real sector activities. One of the legal bases used is Mudarabah. Mudharabah is used as a legal basis for Mudharabah Deposit products which have the aim of collecting customer funds and channeling them into the form of Mudharabah Financing. Both products are offered with a profit sharing system. In Mudharabah Deposits, the customer is a shahibul maal who will get a ratio according to the profit from the Bank. In Mudharabah Financing, the Bank as shahibul maal will get a ratio according to the profit of the Mudharib. Observing further the suitability of Islamic Bank products, especially Mudharabah Deposits and Mudharabah Financing, with the Mudharabah system in the fiqh literature, a sharia study of these products is compiled which is poured into this scientific paper.]]>
<![CDATA[Notary Authority in Installing Mortgage as Effort to Settle Bad Credit (Second Way Out) ]]>
<![CDATA[Agung Nugroho]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![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.2.2.91-96
<![CDATA[The role of a notary is very important in helping to create legal certainty and protection for the community, because a notary as a general official has the authority to make authentic deeds, as long as the making of the authentic deed is not specific to other public officials. The implementation of the Deed of Granting Mortgage Rights to Banks is inseparable from the role of the Notary and Land Deed Making Official (PPAT). Activities between the bank and the debtor who transfer the Guarantee Rights guarantee are very interested in making an agreement between them. The approach method used in this study is a sociological juridical approach and is included in descriptive-analytical legal research. The data source used is primary data. The data source used a purposive sample which focuses on selected informants who are rich in cases for in-depth studies. The results of this study are as follows: (1) Installation of Mortgage with APHT which is the authority of the PPAT position in accordance with the provisions of the UUHT is sufficient to be preceded by an underhand Credit Agreement; (2) The notary has a preventive role in credit settlement, ensuring that the rights and obligations of the parties are equally well fulfilled and legally protected and (3) The legal consequence of the installation of the Mortgage is that the Bank can carry out an auction for the execution of the Mortgage through a second way out. If the debtor is stuck. Banks do not need to ask the debtor for approval if they are going to conduct an auction.]]>
<![CDATA[Responsibility of PPAT for Differences in Transaction Value with Written Price ]]>
<![CDATA[Acika Permatasari]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Widhi Handoko]]>
<![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.3.3.715-726
<![CDATA[This study aims to analyze the factors/reasons, legal consequences and PPAT's responsibility for the difference between the transaction value and the price written on the sale and purchase agreement. This research is included in sociological juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. The data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using qualitative methods. Based on the results of the study, it was found that there was a difference in the transaction value in the sale and purchase deed with the price written on the sale and purchase binding deed, namely the parties avoided high taxes. The legal consequences of PPAT related to the difference in transaction value are that the deed is null and void, the deed is degraded to a private deed and can be dishonorably dismissed from its position. PPAT responsibilities related to deeds include administrative responsibility, civil liability, and criminal responsibility.]]>
<![CDATA[Legal Protection Of PPAT Deeds After The Expansion Of The Regency Of Konawe District And South Konawe District ]]>
<![CDATA[Raitno Raitno]]>;
<![CDATA[Achmad Sulchan]]>
<![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.2.3.246-260
<![CDATA[The research objective to be achieved in this research is to explain the Legal Protection of Land Deed Making Officials (PPAT) based on Government Regulation Number 37 of 1998 concerning Land Deed Making Officials. This research uses empirical juridical research method.Based on the research, it is concluded that the Land Deed Making Official (PPAT) is a General Official who has the authority to make Transitional Deeds of Land, namely buying and selling, exchanging, grants, income into the company (inbreng, sharing of joint rights, granting Building Use Rights / Hak Pakai over Hak Milik land, granting Mortgage Rights, granting power to grant mortgages based on Article 2 paragraph (1) Government Regulation Number: 37 of 1998 concerning Land Deed Making Officials.]]>
<![CDATA[Analysis of Roles and Responsibilities of Notaries in the Establishment of Cooperatives ]]>
<![CDATA[Joko Arifin]]>
<![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.3.3.932-943
<![CDATA[This research method is a qualitative method, with an empirical juridical approach. The specification of this research is descriptive analysis. The data sources used are primary and secondary data obtained through interviews and literature studies, while the data analysis is descriptive analytic. The purpose of this study is to analyze: 1) Implementation of the Deed of Establishment of Cooperatives in Semarang City. 2). The role and responsibilities of a Notary as a Maker of the Deed of Establishment of a Cooperative Business Entity in the City of Semarang. The results of the study concluded: 1) The implementation of the making of the Deed of Establishment of a Cooperative in the City of Semarang, starting from the preparation stage for the formation, the preparation stage for the formation meeting, namely by conducting cooperative counseling, the formation meeting stage attended by a Notary, the application stage to obtain the legalization of the legal entity rights of the Cooperative. Approval is carried out by the Department of Industry, Trade, Cooperatives and MSMEs to examine the articles of association and check the existence of cooperatives. Implementation of the Deed of Establishment of Cooperatives in the City of Semarang, in accordance with Article 1 and Article 15 of Act No. 2 of 2014, as well as in Article 1 paragraph (4) of the Decree of the State Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia Number: 98/KEP/M KUKM/IX/2004 concerning Notary as Cooperative Deed Maker. 2) The role and responsibility of the Notary as the Maker of the Deed of Establishment of the Cooperative Business Entity in the City of Semarang is as the maker of the deed of establishment of the Cooperative Business Entity. The notary has the right/legal standing in making the deed of establishment of a cooperative legal entity. Only Notaries who have the right/legal standing in making a deed of establishment of a cooperative legal entity are only certain notaries who have attended briefings in making a deed in connection with a cooperative legal entity and already have a certificate/brevet as a Notary as the Cooperative Deed Making Officer (PPAK).]]>
<![CDATA[The Role of Notaries in Implementing the Provisions of the Compilation of Islamic Law (KHI) on the Distribution of Inheritance to Orphans, Victims of Natural Disasters Who are in Trusteeship ]]>
<![CDATA[Ar Rahiim Innash]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Arief Cholil]]>
<![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.2.4.424-440
<![CDATA[This study aims to determine and analyze the implementation of the provisions of the Islamic Law Compilation regarding the distribution of inheritance to orphans who are victims of natural disasters who are in guardianship. To find out and analyze the role of the notary in the implementation of the distribution of inheritance to orphans victims of natural disasters who are in guardianship. And to find out and analyze the obstacles and solutions to the distribution of inheritance experienced by orphans who are victims of natural disasters who are in guardianship. The research method used in this research is juridical empirical, while the data collection method uses library research and field research. The data analysis method was carried outqualitative then presented descriptively. This research resulted in the main notary's responsibility in making inheritance deeds for the share of orphans who are victims of natural disasters who are in guardianship, still following the perspective provisions of Article 106 of Act No. 23 of 2006 as amended by Act No. 24 of 2013 concerning Population Administration. , because population classification has no longer been applied since the enactment of the Population Administration Law. Notaries have the authority to make a Certificate of Inheritance regardless of population classification. The authority of the Notary in making the Certificate of Inheritance for Indonesian Citizens is based on the provisions of Article 15 of the UUJN, so that the Certificate of Inheritance for Indonesian Citizens is made in the form of this authentic deed based on the provisions of Article 1868 of the Civil Code. The role of the notary in making SKW is only to confirm that the existence of an SKW is very authentic evidence. In addition, the role of the notary in the distribution of Islamic inheritance, but the one who has full authority to determine legal recognition and termination is the Religious Court. Notary in the distribution of inheritance plays a role in making the Deed of Inheritance Statement and Certificate of Inheritance Rights. If there is a dispute, the notary can make peace deeds and/or an agreement to relinquish the rights of claim. The notary in the distribution of inheritance plays a role in making the Deed of Inheritance and Certificate of Inheritance If there is a dispute, the notary can make peace deeds and/or an agreement to relinquish the rights of claim. The notary in the distribution of inheritance plays a role in making the Deed of Inheritance and Certificate of Inheritance If there is a dispute, the notary can make peace deeds and/or an agreement to relinquish the rights of claim.]]>
<![CDATA[Role of Regional Financial & Assets Management Agency (BPKAD) in the Mediation Process of BPHTB & PPH ]]>
<![CDATA[Siti Putri Indah Meilani]]>
<![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.3.3.1127-1134
<![CDATA[The research "The Role of the Regional Financial and Asset Management Agency (BPKAD) in the Mediation Process for Determining the Fee for Land and Building Rights/Income Tax (BPHTB/PPH) in Pati Regency" is motivated by myths that develop in the community regarding land ownership rights. This study aims to: 1) identify and analyze the role of BPKAD in Pati Regency. 2) knowing and analyzing the mediation process for determining BPHTB/PPH in Pati Regency. The research method in this thesis uses a sociological juridical approach with descriptive analysis specifications, namely data collection methods to obtain data that will be used as thesis material through interviews by conducting interviews with BPKAD Pati Regency, or by observation in the form of observations involved systematically in obtaining data. After that, qualitative analysis of the data obtained from various sources will be carried out. The results of the study indicate that: 1) BPKAD has not carried out its functions and roles as public servants properly. 2) The mediation process will be carried out between the seller and the buyer and BPKAD as the mediator.]]>
<![CDATA[Legal Power and Government Authority in the Implementation of Land Acquisition for Public Interest ]]>
<![CDATA[Rezky Della Putri Waluyo]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.56-68
<![CDATA[This study aims to analyze the legal strength and authority of local governments in the implementation of land acquisition for the public interest based on statutory regulations, to explain the constraints and solutions for implementing land acquisition for the public interest in Banyumas Regency. The approach method in this research is juridical empirical. The research specification used is descriptive analytical. Sources of data used in this study consist of primary data and secondary data which can be distinguished into primary legal materials, secondary legal materials, and tertiary legal materials. Collecting data in this study using literature study and interviews. The data analysis technique used is that the analyzed data will be presented in the form of qualitative data analysis. Based on this research, it can be concluded that the regulation of regional government authority in terms of land acquisition for the public interest is based on the provisions of Article 47 Paragraph (1) Presidential Regulation Number 148 of 2015 concerning Implementation of Land Acquisition for Development for Public Interest, the Governor with the authority he has can conduct land for public use. The governor in this case can carry out his own authority in the preparation of land acquisition or delegate it to the Regent and in the implementation of the authority of the regional government in land acquisition for public interest in Banyumas Regency, it is in accordance with Act No 2 of 2012 concerning Land Acquisition for Development for Public Interest, namely from the planning stage, the preparation stage, and implementation.]]>
