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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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The Role and Authority of a Notary/Official Land Deed Maker in Electronic Mortgage Registration at the Cirebon Regency Land Office Vera Amelia
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.4.2.675-689

Abstract

Currently, the government has attempted to issue an emergency policy in order to boost the wheels of the economy in Indonesia and keep governance running, one of which is by providing public services online. in this case ATR/BPN performs public services regarding the registration of Mortgage Rights online.This study aims to determine and analyze the role and authority of a Notary as well as a Land Deed Maker in carrying out the process of electronically registering Mortgage Rights at the Cirebon Regency Land Office, to find out and analyze the legal consequences of Electronic Mortgage Registration by a Notary as well as an Official Land Deed Maker in the Office Cirebon Regency Land Affairs, and to find out and analyze the obstacles and solutions faced by Notaries as well as Land Deed Making Officials in carrying out electronic Mortgage Registration at the Cirebon Regency Land Office. The research approach method used in this thesis is an empirical juridical legal research method. This research specification uses descriptive analysis. Research data collection with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is interactive qualitative analysis. The results of the study show that: First, Granting of Mortgage is carried out by signing the Deed of Granting Mortgage by a Notary/Official for Making Land Deeds electronically. Second, the registration of Mortgage carried out by all Notaries/PPATs must go through the Electronic Mortgage system and the Electronically Integrated Mortgage Service is carried out entirely through the online system, without any direct interaction between the Electronic Mortgage Service User and the Electronic Mortgage Service Executor. Third, there are still obstacles in the implementation of the Electronic Mortgage Registration System.
The Role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in Prevention of Land Mafia Hamidah Nur’Ainiyah; Widhi Handoko; Achmad Arifullah
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.4.3.882-894

Abstract

This study aims to analyze: 1) The role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency. 2) Legal protection for victims of land certificates transferred by the land mafia. The approach method used in this study is an empirical juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data sourced from interviews and literature studies. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The role of Land Deed Making Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency was carried out to provide legal certainty and protection for the community. The role of the PPAT is to ensure that the parties who will carry out the sale and purchase transactions, read and sign the deed in front of the parties, check and match documents to the BPN, and act carefully in making the deed. Meanwhile, the role of BPN is to reform human resources, re-examine files from PPAT, accelerate PTSL, socialize electronic certificates. 2). Legal protection for victims of land certificates transferred by the land mafia in a preventive manner is by preventive measures such as forming a task force for eradicating land mafias, increasing the integrity and professionalism of law enforcement officers, BPN and PPAT, increasing cooperation between officers, accelerating certification with the PTSL program, as well as providing strict criminal threats to land mafia perpetrators who are proven to have committed crimes. The repressive protection provided to the victim is in the case of the land mafia related to overlapping certificates, multiple certificates, and others, which can be resolved in several ways, such as mediation between village heads or through a court lawsuit.
Juridical Analysis of the Sale and Purchase of Uncertified Plots in the Conception of Legal Certainty Wahyu Hanggono; Fajar Taufan Riyanto; R. Sugiharto
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.4.2.409-432

Abstract

This study aims to examine the juridical analysis of the sale and purchase of uncertified plots of land in Palangkaraya City in the conception of legal certainty, as well as to examine the legal responsibility for the parties to the sale and purchase of uncertified plots of land in Palangkaraya City. This research method uses an empirical juridical approach. The research specifications used are library research and field research. The data sources used are primary data obtained from interviews. Based on the results of the study, it can be concluded: 1) that the sale and purchase of uncertified plots in Palangkaraya City still causes many legal problems, especially regarding land ownership disputes, because the proof of ownership of the plot of land in the form of a Land Declaration Letter (SPT) and proof of sale and purchase in the form of a Land Transfer Statement (SPPT) still does not have legal force. This proves that Gustav Radbruch's theory is still not working well; 2) The legal liability carried out by the seller of the land plot is in principle in accordance with the theory of legal responsibility put forward by Hans Kelsen which states that a person is legally responsible for a certain act or that he bears legal responsibility when committing an act that is contrary to the law.
The Notary Responsibility for Making A Power of Attorney to Sell on Subsidized Housing Loans to Debtors Who Default Nur Imita Dachlan
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.4.2.616-632

Abstract

The notary makes a power of attorney to sell on the binding of subsidized housing loans is a legal act that has been in accordance with the law on his authority to make an authentic deed and has been based on the wishes of the appearers. However, in practice, the power of attorney (in this case, the debtor of subsidized housing loans) when there is a default, the debtor sues the notary deed to be canceled or cancelled. This study aims to identify and analyze the responsibility of the Notary for making a power of attorney to sell on subsidized housing loans to debtors who default. The research approach method used in this thesis is a normative juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the Civil Code; Permenkumham No. 17 of 2021; Letter of Exit from the Head of the National Land Agency of the Republic of Indonesia, as well as secondary data containing books and other supporting documents. 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 analysis of the interactive model. The results of the study show that: (1) The authority of the Notary to make a power of attorney to sell on subsidized housing loans is appropriate based on the Exit Letter of the Head of the National Land Agency No. 4398/17.3-300/XI/2011. (2) The Notary's responsibility as a public official if proven guilty of making a power of attorney to sell a house on a subsidized housing loan, then based on the Law on Notary Position, the deed in question only has the power of proof as a private deed.
The Provision of Unsecured Micro Business Loans at Bank BKC Susukan Branch Office of Cirebon Regency Carki Carki; Jawade Hafidz; Nanang Sri Darmadi
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.4.3.822-831

Abstract

Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral. 
The Cancellation of the Sale & Purchase Binding Deed Carried Out before a Notary by the Parties Komarudin Komarudin; Jawade Hafidz
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.4.2.341-356

Abstract

This study aims to determineand analyzelegal considerations used by judges in making decisions on the cancellation of the sale and purchase binding deed carried out before a notary by the parties, to find out and analyze the legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the parties, to find out and analyze the legal remedies that can be taken by the parties in the cancellation of the binding deed buying and selling made before a notary. This research method usesnormative juridical approach.Research specificationsin this research is descriptive analytical. Techniques and data collection in this study were carried out using library research methods. Methods of data analysis using descriptive data analysis using inductive thinking method. The results of the study show that: 1) Legal considerations used by judges in making decisions oncancellation of the deed of binding sale and purchase carried out before a notary by the parties isif one of the parties defaults and to sue based on the agreed articles. 2) The legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the partiesare compensation, cancellation of agreement, and cancellation accompanied by compensation. 3) Legal remedies that can be taken by the parties in the cancellation of the sale and purchase binding deed made before a notary are: the buyer can make a claim for compensation in the fulfillment of a sense of justice.
The Role of PPAT in Making the Deed of Sale and Purchase and the Authorized to Sell Certified Land Ilham Wahyu Wicaksana; Djunaedi Djunaedi; Andi Aina Ilmih
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.4.2.555-569

Abstract

This study aims to identify and analyze the role and authority of the Land Deed Making Official (PPAT) in making the deed of sale and purchase and the power of attorney to sell certified land rights and the obstacles and solutions faced by the Land Deed Making Official (PPAT) in making the deed of sale and purchase and deed of power of attorney to sell certified land rights. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of legal certainty and the theory of authority. The Role and Authority of the Land Deed Making Official (PPAT) in the making of the Sale and Purchase Deed (AJB) and the Authorized Deed to Sell Certified Land Rights in Rembang Regency, namely the Preparation of the Sale and Purchase Deed and the implementation of the AJB. In making the PPAT deed, the parties who carry out legal actions regarding Land Rights and Ownership Rights to Flat Units must be present before PPAT to convey the aims and objectives to PPAT. Obstacles faced by Land Deed Making Officials (PPAT) in making the Deed of Sale and Purchase and the Authorized Deed to Sell Certified Land Rights in Rembang Regency in the event of a default or unlawful act committed by one of the parties. The occurrence of these obstacles, then PPAT can provide solutions to the parties to deliberation first in resolving the problem.
Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects Adyesha Nur Salma; Taufan Fajar Riyanto; 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.4.3.756-770

Abstract

Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
The Role of Notaries in Making Agreements for the Sharing of Joint Assets for Supplies who will Divorce without a Marriage Agreement Desi Arisandi; Andri Winjaya L; Dini Amalia Fitri
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.4.2.487-497

Abstract

Property as a life support for the bride and groom in the marriage bond. Where the property is obtained before the marriage (innate property) and obtained during the marriage (joint property). If the marriage bond is dissolved or broken, then each of them will defend their rights to the joint property so that the joint property is often a serious problem and often creates debate between the two parties (husband and wife).The research approach method used in this thesis is sociological juridical. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014 concerning the Position of a Notary; Act No. 16 of 2019 on the amendment to Act No. 1 of 1974 concerning Marriage; Code of Civil law; Compilation of Islamic Law, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used is qualitative analysis.The results of the research and discussion that: First; the division of joint property for couples who are going to divorce in the concept of justice, namely dividing joint property equally or equally. This is in line with what has been regulated in the Marriage Law, the Civil Code and the compilation of Islamic Law which states that if there is a divorce, the joint assets are divided equally. Second; The role of a notary in making a deed of a joint property distribution agreement for a divorced couple without a marriage agreement, namely a notary as a public official who has the authority to make an authentic deed including a deed of a joint property distribution agreement based on the will of both parties who agree to share their assets in accordance with the law. applicable.
Implementation of First Time Electronic Land Registration by Notary as Officer of Land Deed Management at the Office of the National Land Agency Vishnu Mareta Nugraha
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.4.2.690-696

Abstract

This research aims to examine the Implementation of First Time Electronic Land Registration by Notary as Officer of Land Deed Management at the Office of the National Land Agency with the formulation of the problem, namely the stages in the implementation of electronic land registration certificates, the effectiveness of electronic certificates in the implementation of registration of certificates and solutions Electronic. The purpose of this research is to find out and analyze the stages in the implementation of Electronic Certificate land registration, the Effectiveness of Electronic Certificates and the Constraints and Solutions in the implementation of Electronic Certificate registration. The benefits and uses of this research are in the form of theoretical benefits and practical benefits, using normative research methods. Based on the research results, the procedure for issuing Electronic Certificates must refer to Government Regulation Number 24 of 1997 concerning land registration for land that has not been registered and does not have physical and juridical evidence in accordance with articles 11 and 12. Then to obtain an Electronic Certificate or replacement of an analogous Certificate becoming an Electronic certificate refers to the Regulation of the Minister of Spatial Planning of the Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, namely Article 2, then the implementing regulations are issued, namely Government Regulation Number 18 of 2021 concerning management rights, land rights, apartment units and land registration that is article 84, furthermore the power of Electronic Certificates as authentic evidence of control of land rights is included in the expansion of documentary evidence, namely in Article 1866 of the Civil Code and certificates of land rights can be canceled for authenticity if they do not meet the elements of an authentic deed in accordance with the provisions of article 1868 civil law books and can subsequently be annulled if after 5 years of the issuance of a certificate there is an objection that they can file a lawsuit to the National Land Agency office or to the court in accordance with article 32 paragraph (2) Government Regulation Number 24 of 1997 concerning land registration.

Page 26 of 39 | Total Record : 383

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