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[Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants ]]>
<![CDATA[Nanda Herawati]]>;
<![CDATA[Aryani Witasari]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (746.904 KB)
|
DOI: 10.30659/sanlar.3.4.1299-1307
<![CDATA[The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.]]>
<![CDATA[Implementation of Notary Responsibility for Loss of Assets Due to Notary Error ]]>
<![CDATA[Cindy Zakiyyatul Miskiyya]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Umar Ma'ruf]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (774.878 KB)
|
DOI: 10.30659/sanlar.3.1.241-249
<![CDATA[The objectives of this research are 1) To find out and explain the implementation of the notary's responsibility for the loss of a certificate due to a notary's mistake. 2) To find out and explain the obstacles and solutions to the implementation of the notary's responsibility for the loss of a certificate due to a notary's mistake. The method used by researchers is Juridical Empirical (sociolegal research)and the specification in this research is including analytical descriptive.The sources and types of data in this study are primary data. And secondary data obtained from literature studies relating to the theory of criminal liability and legal certainty. Based on the results of that researchThe implementation of the notary's responsibility for the loss of the minuta deed due to a notary's mistake, namely making an official report which then reports it to the Regional Supervisory Council or the Regional Supervisory Council which will be followed up with efforts to resolve it. Meanwhile, sanctions for a Notary whose minimum certificate is lost due to a notary's mistake may be subject to written warning sanctions, honorific temporary dismissal and dishonorable discharge. Of course, the imposition of this sanction will be carried out by the Regional Supervisory Council in accordance with the gravity or lightness of the violation committed by the notary concerned. The obstacle is making a report to the police with the contents of the report that the notary concerned has lost all important documents and files.]]>
<![CDATA[Legal Analysis of Notary Deals Buy & Sale Binding Agreement (PPJB) ]]>
<![CDATA[N. Dewi Ratnasari]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (744.232 KB)
|
DOI: 10.30659/sanlar.3.4.1481-1490
<![CDATA[The purpose of this study is to analyze and explain the legal analysis of the notarial deed of sale and purchase agreement (PPJB). To analyze and explain legal protection for the fulfillment of the rights of the parties if one of the parties defaults in the sale and purchase binding agreement (PPJB).The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Legal analysis of the notarial deed of sale and purchase binding agreement (PPJB), namely this sale and purchase binding agreement deed does not provide legal certainty and protection to the parties regarding the agreement they made. The position of the Deed of Sale and Purchase Agreement is null and void due to the non-fulfillment of the legal requirements of an agreement. This sale and purchase agreement is carried out on the basis of an agreement even though the buyer knows that the object of the sale is a guarantee for the seller's debt to the bank.]]>
<![CDATA[Deviation from Sale & Purchase Agreement Made by A Notary in Sale of Land ]]>
<![CDATA[Lita Astika Pangesthi]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (766.267 KB)
|
DOI: 10.30659/sanlar.3.1.329-338
<![CDATA[A sale and purchase agreement is an agreement between the seller and the buyer, prior to the execution of the Sale and Purchase Deed. Because there are requirements in the sale and purchase that have not been fulfilled, these requirements include: a certificate of land title is in process, the price has not been paid for the sale and purchase of the land, or because the taxes imposed have not been able to be paid by the seller or the buyer. The purpose of this research is to examine: 1). Implementation of PPJB made by a Notary in buying and selling land, 2). Irregularities and solutions in the implementation of PPJB made by Notaries in the sale and purchase of land. The approach method in this research is Normative Juridical. Legal research is carried out by examining library materials or secondary data as the basic material for research by conducting a search of the regulations and literatures related to the problem under study.Conclusion with the making of the Sale and Purchase Agreement by the Notary Public, in its implementation, legal deviations are not uncommon, among others: 1). PPJB is not always behind the name of the buyer, but is resold to a third party, 2). Transaction value in AJB is not in accordance with PPJB, 3). Authorization to sell for PPJB paid off separately.]]>
<![CDATA[The Effectiveness of Land Registration ]]>
<![CDATA[Riski Amaliyah]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/sanlar.2.4.765-771
<![CDATA[This research was motivated by the ineffectiveness of land registration that occurred in Tegal City. This is indicated by the fact that there are six thousand land parcels that have not been certified in twenty-seven sub-districts of the four sub-districts in Tegal. Apart from that, the ineffectiveness of the implementation of land registration in Tegal City is caused by various other factors. The problem formulations to elaborate on the above problems are as follows: 1. How is land registration in Tegal City currently implemented? 2. What are the factors that influence the effectiveness of land registration in Tegal City? 3. How is the implementation of land registration in Tegal City effective in the future? The approach method used in this research is normative juridical. The results showed that: 1.the implementation of land registration at the Tegal City Land Office has not been effective. This is evidenced by the large number of uncertified or unregistered lands based on data from the Tegal City Medium Term Development Plan (RPJMD) 2014-2019 and the author's interview with the Head of the Tegal City Land Office. 2. The factors that cause the ineffective implementation of land registration at the Tegal City Land Office are Historical Land Ownership Factors, Community Psychological Factors, Weakness Factors in Land Registration Rules, Implementing and Implementing Factors, and Tax Intervention Factors and others. 3. Efforts that can be made so that the implementation of land registration in the future will run effectively is to make improvements to the components of the legal structure, legal substance and legal culture in accordance with the theory of the legal system of Lawrence M. Friedman.]]>
<![CDATA[The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed ]]>
<![CDATA[Edi Suarto]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[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.4.1.1-10
<![CDATA[This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.]]>
<![CDATA[Legal Consequences of the Merger of Companies on the Implementation of Guarantee Function of Mortgage ]]>
<![CDATA[Halim Ady Kurniawan]]>;
<![CDATA[Widhi Handoko]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[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.4.1.74-88
<![CDATA[This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.]]>
<![CDATA[Effectiveness of Legal Protection on Heirs in Dispute on Sale and Purchase of Inherited Land ]]>
<![CDATA[Muhammad Rizky Eka Pratama]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[R. Sugiharto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[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.4.1.11-21
<![CDATA[The purpose of this study is to find out and analyze: 1) The legal consequences of a dispute over the sale and purchase of inherited land without the consent of the heirs. 2) The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya. The approach method used in this study is an empirical juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used qualitative data analysis. The results of the study concluded: 1) The legal consequences of the dispute over the sale and purchase of inheritance land without the consent of the heirs are that the land is sold by people who are not entitled to sell it (because those who now hold ownership rights to the land are the heirs), therefore the sale and purchase cancelled. As a result of the law with the cancellation of the sale and purchase, the sale and purchase is considered to have never existed, and each party is returned to its original state before the "sale and purchase" event occurred, in which the ownership rights to the land remain with the heirs. This is in accordance with Article 1471 of the Civil Code which explains that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interest, if the buyer does not already know that the goods belong to someone else. 2). The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya, namely considering that there are still disputes over the sale and purchase of inherited land, the effectiveness of legal protection for heirs in Surabaya needs to be increased through socialization from the Land Agency (BPN) to the public, especially experts. heirs to register their inheritance land with BPN, as an effort to provide protection to heirs in order to avoid inheritance rights disputes which must be carried out against the law where the result of an unlawful act is loss. Efforts to protect the law on disputes over the sale and purchase of inherited land without the consent and knowledge of the heirs, the legal heirs or holders of legal property rights over the inherited land can file a lawsuit to the Court.]]>
<![CDATA[Juridical Review of Force Majeure Clause in Credit Bank Agreements when Covid-19 Disaster ]]>
<![CDATA[Abdul Rahman]]>;
<![CDATA[Taufan Fajar Riyanto]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[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.4.1.89-100
<![CDATA[The Covid-19 pandemic has occurred since the beginning of 2020 which has had an impact on various sectors of human life, both health, social and economic. One of the sectors most affected by the COVID-19 pandemic is banking due to the large number of non-performing loans during the pandemic. Based on this situation, the government issued Presidential Decree no. 12 of 2020 concerning the Determination of Non-Natural Disasters for the spread of covid-19. Based on this background, the problems in this study will raise the juridical study of whether the covid-19 pandemic can be said to be force majeure and its juridical implications in bank credit agreements. The purpose of this study is to find out the juridical basis of whether COVID-19 can be used as an excuse for force majeure in bank credit agreements. The research method used is empirical normative with primary data sources through interviews at Bank Jateng and secondary data in the form of legal materials. Data collection techniques with interviews and literature study. The results of the study show that the Covid-19 pandemic, although as a non-natural disaster that meets the force majeure clause, does not necessarily become a reason for canceling the debtor's obligations in the credit agreement because it is not mentioned in the agreement regarding the Covid-19 pandemic condition and also the condition of the Covid-19 pandemic is a force.]]>
<![CDATA[Roles & Responsibilities of National Land Agency in Efforts to Settle Land Ownership Disputes Due to Overlapping Certificates ]]>
<![CDATA[Baqqi Zabidi Rois]]>;
<![CDATA[Dahniarti Hasana]]>;
<![CDATA[Denny Suwondo]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[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.4.1.22-35
<![CDATA[This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.]]>
