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Sultan Agung Notary Law Review
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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Juridical Analysis of Use of Health Social Security Agency Card as a Condition for Transfer of Land Rights Sri Yuliana Febri Anti
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.665-674

Abstract

This study aims to examine and analyze the juridical implications of using the Health Social Security Administering Body card as a condition for the transfer of land rights in Kendari City, to examine and analyze the juridical implications of the transfer of land rights that do not use the Health Social Security Administering Body card as well as to examine and analyze sample deed of sale. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this study are primary data and secondary data. Collecting research data with interview techniques and study of documents or library materials. The theory used is the Theory of Legal Certainty according to Gustav Radbruchm and Theory of Legal Work according to William J. Chambliss and Robert B Seidmen. The results of the study show that: First, the juridical analysis of the use of health social security agency cards as a condition for the transfer of land rights in Kendari City is based on Gustav Radbruchm's theory of legal certainty because legal certainty as one of the legal objectives can be said to be part of an effort to achieve justice. There is a priority scale that must be implemented, where the first priority is always justice, then benefit, and finally legal certainty. Second, the juridical implications of the transfer of land rights that do not use the BPJS card based on the theory of the working of the law of William J Chamblis and Robert. The connection is what action a role holder will take in response to legal regulations, highly dependent and controlled by the applicable legal regulations of the sanctions of its implementing activities. Third, the sample of the sale and purchase deed has fulfilled all the requirements of the applicable laws and regulations.
Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties Didid Muhammad; Sri Endah Wahyuningsih; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
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.4.3.868-881

Abstract

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
The Legal Position of Insurance Agreement (Borgtocht) as a Form of Credit Bindings Wahyu Adi Wibowo; Siti Rodhiyah Dwi Istinah; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.396-408

Abstract

This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.
The Effectiveness of the Implementation of Electronic Land Registration at the Office of National Land Agency Nabila Chyntia Dahani
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.603-615

Abstract

The purpose of this research is to analyze: 1) Implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 2). The effectiveness of the implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is descriptive qualitative. The results of the study concluded: 1) The implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency can guarantee legal certainty, because electronic certificates are guaranteed by law and can be used as legal evidence. Registration of this electronic certificate can be through PPAT assistance through the site https://loket.atrbpn.go.id. After the service registration and documents have been uploaded, the land office will later validate the applicant's files online. If the verification is smooth, a deposit order will be printed and the Applicant needs to make payments according to the applicable rules. After making the payment, the file will be processed immediately. The collection is done by coming to the BPN Office of Sragen Regency according to the specified schedule. 2). The effectiveness of electronic land registration at the National Land Agency Office of Sragen Regency is more effective than conventional land registration. This is because the implementation of land registration online or electronically provides many benefits to the community.
The Efforts to Settle Non-performing Loans through the Execution of Mortgage Guarantees without a Court Decision Arif Sujatmaka; Widhi Handoko
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
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.4.3.809-821

Abstract

The purpose of this study is to find out and analyze efforts to resolve non-performing loans through the execution of mortgage guarantees without a court decision and to find out and analyze the legal consequences of the execution of mortgage guarantees without going through a court decision. The research approach method used in this journal is a sociological juridical approach. . Collecting data using interview methods, document studies or library materials. After the researcher collected data, then the data obtained from the interviews and document studies were analyzed qualitatively. Qualitative data analysis, is a research method that produces descriptive data analysis, namely what was stated by the respondent in writing or verbally and also his real behavior, researched and studied as a whole. After the data analysis is complete, the results will be presented descriptively, namely by telling and describing what is in accordance with the problems studied. Furthermore, a conclusion is drawn which is the answer to the problems raised in this study. Efforts made by the Bank include collecting in the form of money to customers, restructuring credit, conducting mortgage auctions, direct write off method which is carried out when a receivable is believed to be uncollectible or repaid by the debtor, resulting in losses on receivables, directly debited to the accounts receivable loss account so that the reserve for receivables loss account is no longer used and as a result of the law the auction is null and void.
The Role of PPAT in the Registration Process for the Transfer of Land Rights based on Buying and Selling Transaction Fatoni Winahyu; Sri Kusriyah
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.331-340

Abstract

This study aims to determine and analyze about the role of PPAT in the registration process for the transfer of land rights based on buying and selling in Pati Regency. The research approach method used in this thesis is a sociological juridical approach. The specification of this research is analytical descriptive, a study that tries to describe the problems that occur in practice in the field associated with other provisions and then analyzed to obtain supporting facts and inhibiting factors of the problems studied. The data sources of this research consist of primary data and secondary data. Methods of collecting data using interviews, document studies, field studies.The data obtained from both field studies and document studies are basically data that were analyzed descriptively qualitatively. The results showed thatThe deed made by PPAT acts as an authentic deed, one of which is the deed of sale and purchase (AJB), which is a deed made when someone wants to sell their land to someone else. AJB functions to take care of the letters of transition from the old owner to the new owner. Before making the AJB, PPAT checks the authenticity of the certificate to the land office. The making of AJB is attended by sellers, prospective buyers, and at least two witnesses. AJB is made if the sale and purchase transaction has been paid off. According to the Decree of the State Minister of Public Housing Number 9 of 1995 concerning Guidelines for Binding the Sale and Purchase of Houses; AJB must be signed by the buyer and seller before the PPAT if the buyer has paid the entire land price along with taxes and other costs related to the sale and purchase transaction.
The Legal Position of Attorney’s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities Heri Mulyono; Jawade Hafidz; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.543-554

Abstract

This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.
The Responsibility of Werda Notary to Deals the Problems What Has Done Shinta Rahmatika Damayanti; Bambang Tri Bawono; Widhi Handoko
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
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.4.3.745-755

Abstract

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.
The Legal Protection for Debtors in the Implementation of Bad Credit Settlement with Guaranteed Objects of Mortgage Yulia Sekar Nada
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.697-715

Abstract

This study aims to find out and analyze the implementation of the settlement of bad loans with mortgage guarantee objects, to find out and analyze legal protection efforts against debtors' assets in the bonds of mortgage certificates to be executed, to identify and analyze weaknesses and solutions for implementing bad loans with objects mortgage guarantee. The approach method in this research is empirical juridical, referring to the literature related to legislation relating to bad loans and research by going directly to the object. The research specification is descriptive analytical, which is a study that seeks to describe in detail the social phenomena whose main problem is without hypotheses and statistical calculations of the required data, the data is taken by methods based on primary data, namely interviews and observations as well as secondary data obtained from literature studies and analyzed qualitatively. The research concluded that the implementation of the settlement of bad loans with the object of guarantee of mortgages was carried out by an auction process through the KPKNL as the last step in efforts to resolve bad loans.
The Responsibility of the Notary in Providing Legal Information to the Parties on the Deed He Made Chilsy Indiyarti; Sri Kusriyah; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.477-486

Abstract

Legal Counseling is carried out by providing clear, directed explanations, so that the meaning and purpose of the authentic deed are easily understood and understood by the parties. Sometimes people only provide explanations and documents without knowing the legal issues. Article 15 paragraph paragraph 2 letter e of Act No. 2 of 2014 explains that, "in addition to the authority as referred to in paragraph (1), the Notary is also authorized to: provide legal counseling in connection with the making of the Deed." Here it is explained that every notary is obliged to explain the responsibility to provide legal counseling to the parties/clients. This research purposed to review and analyze the Responsibilities of the Notary in providing legal counseling to the parties for what he did in the City of Kendari, and to examine and analyze the obstacles and solutions of the notary in providing legal counseling to the parties for what he did. The research approach method used in this research was an empirical juridical research method. The type of data used in this research Primary Data includes Act No. 2 of 2014 concerning Notary Positions and Secondary Data containing books and documentsother supporters. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative approach in order to obtain descriptive data. The results of the study show that: First, the Notary's responsibility in providing legal counseling is only to provide advice to the parties/clients, it is the client who has the decision in the deed as long as it does not conflict with Article 1320 of the Criminal Code, so that there are no consequences.law in the future. Second, the barriers are competence, clients who do not explain in detail, communication, differences in interpretation, and client characteristics as well as upgrading solutions for notaries, supporting documents, communication skills, discussion for solutions, and psychological approaches.

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