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[The Position of Debtor Legal Protection for Bankruptcy of Separatist Creditors ]]>
<![CDATA[Herman Yusuf]]>;
<![CDATA[Achmad Sulchan]]>;
<![CDATA[Umar Ma'ruf]]>;
<![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 ]]>
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DOI: 10.30659/sanlar.3.2.705-714
<![CDATA[The position of the debtor who is bankrupted by the preference rights of the creditor results in injustice, especially in terms of the legal protection of the debtor. The revision of Act No. 4 of 1998 to Act No. 37 of 2004 contained a conflict of norms in it. The purpose of this research is to analyze and find out: 1).Implementation of debtor legal protection against bankruptcy carried out by current separatist creditors. 2). Factors that affect the implementation of legal protection for debtors against bankruptcy carried out by separatist creditors. 3) Implementation of legal protection for debtors for bankruptcy carried out by separatist creditors. The approach method in this research was normative juridical. The data used was secondary data obtained through literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of debtor legal protection for bankruptcy carried out by separatist creditors currently as intended by Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to debtors, considering that the two articles are only based on the existence of debt from the debtor and related to the position of the solvent or insolvency based on the view of the creditor alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) Factors influencing the implementation of debtor legal protection for bankruptcy carried out by separatist creditors are legal factors, namely the existence of provisions in Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors, legal implementation factors are in the form of a culture judges as mouthpieces of the law even though it is well known that the door to justice in bankruptcy cases is the judge's decision. 3) Implementation of debtor legal protection for bankruptcy carried out by separatist creditors which should be in order to realize protection for debtors related to the execution of parate by creditors, it is necessary to renew the concept of bankruptcy law in Indonesia. ]]>
<![CDATA[The Legal Protection for Buyer in Deed of Selling By Using A Substitute Certificate ]]>
<![CDATA[Avia Surya Ningrum]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.36-47
<![CDATA[This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.]]>
<![CDATA[Juridical Overview of the Use of Smart Contracts in Indonesia as a Form of Artificial Intelligence Development ]]>
<![CDATA[Muhammad Rizqon Baihaiqi]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Dahniarti Hasana]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.111-123
<![CDATA[Apart from the problems in terms of data security in the midst of blockchain-based business development in Indonesia, it turns out that another problem in smart contracts is that the use of Smart Contracts in Indonesia is actually still a discourse among legal experts regarding the validity of smart contracts. The aims of this research are: a) To find out and analyzeimplementation of the use of smart contracts in Indonesia; b) To know and analyzeobstacles in implementing smart contracts in Indonesia and their solutions; c) To know and analyzelegal remedies that can be taken in the event of a dispute between the parties in the smart contract; d) To find out examples of deeds inthe use of smart contracts in Indonesia as a form of artificial intelligence development." Researchers used normative research specifications with secondary data sources. Stages to find the target, then used the approach through legislation (statute approach). The results were juridical review of the use of smart contracts in Indonesia based on Article 1320 of the Civil Code.Article 1338 of the Civil Code explains that “all agreements made legally valid as law for those who make them”. One of the uses of smart contracts on Ethereum. Thereuem's smart contract has the name ERC20.Article 3 Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Crypto Assets on the Futures Exchange, Bitcoin which can be traded on the Futures Exchange.Barriers to implementing Smart Contracts in Indonesia and their solutionsimplementing ISO-based Information Security Management or the simplest following the National Institute of Standards and Technology (NIST) framework. ISO 27001:2013 is the latest ISO 27000 series released in 2013. ISO 27001:2013.Article 30 Paragraph (3) in conjunction with Article 40 Paragraph (3) of Act No. 1 of 2008 concerning Information and Electronic Transactions.]]>
<![CDATA[Responsibilities of Notaris/PPAT in Credit Agreements & Deed on Granting of Liability Rights (APHT) When the Debtor is in Default ]]>
<![CDATA[Muhammad Hudallah]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Widhi Handoko]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.48-59
<![CDATA[This research aims to know that in the current era of industrialization, credit is something that is not far from everyday life. For the community, both wealthy and underprivileged, credit is a solution to meet the needs of people's lives such as: clothing, food, housing. One of the important credit principles is collateral. In credit activities that occur in the community, it can be noted that generally it is often required to provide credit guarantees. Credit guarantees will have several functions and one of them is securing credit repayment if the debtor is in default. Credit guarantees have an important role in securing bank refunds. The method used in this research was a sociological juridical approach. A sociological juridical approach was an approach by looking at a legal reality in society. Land is one of the immovable objects that are widely used as collateral for loan repayment. Mortgage rights over land are often used to obtain credit facilities because land has a high economic value and always increases from time to time. Land rights as collateral in agreements between creditors with the Debtor can be bound by using Mortgage Rights. The result show that the role and function of a notary/PPAT is important in assisting the government and other parties in need to provide certainty, order and legal protection in making authentic deeds and registration of Mortgage Rights until a certificate is issued by the Land Agency.]]>
<![CDATA[Notary/PPAT Liability for Autenticity of Deed which in Judges' Decision is Declared to Have Fake Signature ]]>
<![CDATA[Dadan Taufik Fathurohman]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Amin Purnawan]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.124-135
<![CDATA[The purpose of this research is to find out and analyze the juridical implications of making a deed in which there is a forged signature. This study used a normative juridical research method. Based on the discussion, it can be concluded that the juridical implications for the making of a deed in which there is a fake signature is that it can be canceled or null and void because it does not meet the subjective requirements in the form of agreeing the parties and the objective conditions in the form of a lawful cause. In addition, the making of a deed in which there is a forgery of a signature with procedural efforts that are not in accordance with the making of the deed results in the deed being formally flawed.]]>
<![CDATA[The Role of Notary in Making the Deed on Inheritance of Land Rights ]]>
<![CDATA[Muhammad Rofik Kanna]]>;
<![CDATA[Achmad Sulchan]]>;
<![CDATA[Taufan Fajar Riyanto]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.60-73
<![CDATA[This writing aims to determine the process of dividing the inheritance of land rights by a notary and theoretical analysis of the role of a notary in making a deed of inheritance of land rights. The role of a Notary in the transfer of land rights based on inheritance is very large, where every transfer of land rights must be proven by a deed made by and before a Notary so that the deed he makes has binding legal force. The researcher used a legal research method with a normative juridical approach, the research specifications used were descriptive analysis, the data source came from secondary data. Methods of data collection were conducted through interviews, library research, and document studies. This writing was analyzed qualitatively by using the analytical knife of legal certainty theory and Islamic justice theory. The results showed that the process of distributing inheritance rights to land carried out by a Notary, namely the parties (heirs) together faced the Notary in the presence of 2 (two) witnesses. Both parties bring the files that are the formal requirements and the material requirements that have been determined. Theoretical analysis of the role of the notary in making the deed of distribution of inheritance rights to land is carried out with justice, so it is fair not justice. This is similar to Islamic justice theory. Basically the concept of justice in Islam is not "equality" but "comparability".]]>
<![CDATA[Responsibility of Notary Letter Approval on Under Hands Contract ]]>
<![CDATA[Tara Jasmine]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Setyawati Setyawati]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.202-220
<![CDATA[One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).]]>
<![CDATA[Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership ]]>
<![CDATA[Ahmad Rizal Qomaruddin]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Denny Suwondo]]>
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.136-147
<![CDATA[This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.]]>
<![CDATA[Application on Power of Sale Deed based on Deed Recognition of Debt by A Notary Position ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.284-293
<![CDATA[This study aims to determine and analyze the legal application of the selling power of attorney can still be based on the debt acknowledgment deed related to Decision Number 41/Pdt.G/2020/PN.Kdi. The research method used normative juridical approach with descriptive analytical research specifications. The types and sources of data in this study are secondary data consisting of: a. Primary Legal Materials; b. Secondary Legal Materials; c. Tertiary Legal Materials. Methods of collecting data through the Study of Literature and Documentation. While the data analysis method is a qualitative analysis method. The results of this study indicate that the application of the law to the deed of power of attorney in Decision Number 41/Pdt.G/2020/PN. Kdi can still be based on the deed of acknowledgment of debt because the deed is not absolute with Article 1813 jo. Article 1814 of the Civil Code concerning the termination of the power of attorney. The absolute nature of the power granted will have legal force if it explicitly contains the expression that what the plaintiff is empowered to do contains the phrase "irrevocable".]]>
<![CDATA[Validity of Addendums which Made Under Hands Due to a Default on Cooperation Agreement Deed ]]>
<![CDATA[Lely Yuliana]]>;
<![CDATA[Jawade Hafidz]]>;
<![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 ]]>
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DOI: 10.30659/sanlar.4.1.221-228
<![CDATA[This writing aims to find out and analyze the validity of the addendum made by the parties under the hand due to the occurrence of default of the cooperation agreement deed made before a Notary and to know and analyze the legal considerations by the judge in deciding the case number 15/Pdt.G/2016/PN.Kds. This research method uses a normative juridical approach, which is an approach using secondary data as the main data. Secondary data is data obtained by conducting library research. The results of this study indicate that basically in an agreement it is allowed to add an addendum on the condition that the parties agree, this is because in the addition of an addendum to add, changing or eliminating something in the agreement is always related to the main agreement, as stipulated in Article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The main key to an addendum is the agreement of the parties in accordance with Article 1320 of the Civil Code. ]]>
