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 Role and Responsibilities of a Notary in Making a Certificate of Inheritance for Disbursement of Time Deposit Savings Funds by the Heirs ]]>
<![CDATA[Ibnu Adi Prasetyo]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Nanang Sri Darmadi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.895-906
<![CDATA[A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.]]>
<![CDATA[The Legal Position of Notary Covernote on Credit Agreement When Bad Credit Occurs ]]>
<![CDATA[Adi Yusman]]>;
<![CDATA[Widhi Handoko]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.4.2.433-445
<![CDATA[The purpose of this study is to analyze: 1) The legal position of a notary covernote in a credit agreement in the event of bad credit at Bank Rakyat Indonesia Pangkal Pinang. 2). The process of settling bad loans in a credit agreement based on a notary covernote at Bank Rakyat Indonesia Pangkal Pinang. 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 data and secondary data with library research and interview collection methods. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1) The legal position of a notary covernote in a credit agreement in the event of bad credit at Bank Rakyat Indonesia Pangkal Pinang is that the covernote is used as the basis for credit disbursement. Notary covernotes should not be used as the basis for credit disbursement, because basically covernotes are only temporary guarantees. A covernote made by a notary is usually only a statement that the certification process is still ongoing. Covernote does not have a legal umbrella because it is not regulated in laws and regulations, both the Banking Law and UUJN, so that the consequences that will then be caused by the existence of this covernote apply legal provisions both criminally and civilly. 2). The process of settling bad loans in a credit agreement based on a notary covernote at Bank Rakyat Indonesia Pangkal Pinang is completed through litigation/lawsuits to court. Notary G was proven to have committed a criminal act of corruption together and was detrimental to the state. In the decision of the Notary Court, they must be criminally responsible and fined. The use of a notary covernote in a credit agreement is basically not prohibited and is possible under the Banking Law and the Mortgage Law. In the event of non-performing loans before the issuance of mortgage rights, the bank only serves as a concurrent creditor. Legal protection for banks is based on Articles 1131 and 1132 of the Civil Code. In the event of non-performing loans before the issuance of mortgage rights, the bank only serves as a concurrent creditor. Legal protection for banks is based on Articles 1131 and 1132 of the Civil Code.]]>
<![CDATA[The Notary's Responsibilities for the Making of Deeds and the Electronic Storage of Minutes of Deeds ]]>
<![CDATA[Reno Reno]]>
<![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.4.2.633-640
<![CDATA[This study aims to determine and analyze the process and responsibilities of a notary in the manufacture and storage of minutes of deed electronically and to find out examples of deeds that contain electronic elements. The research approach method used in this thesis is a sociological juridical legal research method. 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; Code of Civil law; the Criminal Code, 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 qualitative analysis. The results showed that: First, the electronic deed has not yet obtained a strong legal basis, so it does not provide a guarantee of legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. Second, electronic storage of deed minutes can already be done because several laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally.]]>
<![CDATA[The Role of the Notary Honorary Council on the Confiscation of Minutes of Deed by Police Investigators ]]>
<![CDATA[Ahmad Ramadan]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.832-845
<![CDATA[The purpose of this study was to identify and analyze the role of the notary honorary council in the confiscation of the minutes of deed by the Southeast Sulawesi regional police investigators. And to find out and analyze the process of examining a criminal case allegedly carried out by a notary with the offense of entering false information in an authentic deed. The research method usedis a sociological juridical method. The sociological juridical research method is legal research that uses secondary data as initial data which is then continued with primary data in the field or on the community, examines the effectiveness of a ministerial regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consists of from the study of documents or library materials and interviews. The results of this study found that: first, the Regional Notary Honorary Council from the results of the examination by the examining council could not give approval for the confiscation of the minutes of the notary deed but gave permission to the investigator to take a photocopy of the minutes of the notary deed. Second, from the results of the examination by the examining board, there was also no offense of entering false information into the minutes of the deed. Even from the results of the examination it was also found that the complainant did not question the contents of the deed, but what was questioned was his absence at the General Meeting of Shareholders (GMS), and in the minutes of the GMS there was the signature of the reporter which indicated that the reporter was present at the GMS and the Reporting Party itself was also present.]]>
<![CDATA[The Responsibility of Werda Notary to Deals the Problems What Has Done ]]>
<![CDATA[Shinta Rahmatika Damayanti]]>;
<![CDATA[Nanang Sri Darmadi]]>
<![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.4.2.357-367
<![CDATA[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.]]>
<![CDATA[The Responsibility of the Guardian for the Transfer of Land Rights to the Children Due to Instruction ]]>
<![CDATA[Larasati Larasati]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![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.4.2.570-580
<![CDATA[The results in the emergence of rights and obligations for a person as well as the emergence of law between children, parents and the surrounding community. A child has the right and authority as a legal subject. Children have an important role in a marriage bond, apart from being the hope of parents, children also act as successors of offspring. Children in general are a group of people who are immature, unmarried and incapable of acting for themselves. The purpose of this paper is to determine the implementation of the transfer of land rights and responsibilities to minors due to inheritance. This study uses a sociological juridical approach, which is carried out by field research aimed at the application of law. This research specification uses descriptive analysis, namely research which in addition to providing an overview, writing and reporting an object or an event will also draw general conclusions from the existing problem. The data sources of this study are primary data sources and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Methods of data collection using interviews, document studies and library materials. While the data analysis used qualitative analysis. The results of the study show thatthe implementation of the transfer of land rights to minors must apply for the determination of child guardianship and a permit to sell at the Religious Courts for Muslims and the District Courts for non-Muslims as one of the administrative requirements. After the decision on the guardianship determination has been issued by the local court, it can be used as a basis for the transfer of land rights by sale and purchase owned by minors due to inheritance.In the transfer of inheritance rights to land owned by minors, they cannot be freely transferred by their parents, they must comply with and comply with the applicable legal regulations in the transfer of inheritance of minors. The responsibility of the guardian towards minors due to inheritance is that the guardian is obliged to carry out his obligations to take care of the children who are under his control and all property as well as possible. The guardian is obliged to make a list of the child's property under his control and record all changes in the child's property.]]>
<![CDATA[The Juridical Analysis of the Use of Electronic Signatures on Electronic Land Certificates in the Conception of Legal Certainty ]]>
<![CDATA[Abdullah Galih Nanda Prasetya]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.771-785
<![CDATA[This study aims to analyze: 1) Juridical analysis of the use of electronic signatures on electronic land certificates in the conception of legal certainty. 2). Legal protection for electronic certificate holders as a guarantee of ownership of land rights. The approach method used in discussing this research problem is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The use of electronic signatures on electronic land certificates in the conception of legal certainty is legal and can be used as authentic evidence if needed in court. The use of electronic signatures on electronic land certificates guarantees legal certainty for land owners. The use of electronic signatures in court is a form of expansion of valid evidence in accordance with the applicable procedural law in Indonesia. An electronic signature has the same proving power as an authentic deed. As stipulated in the ITE Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 and Spatial Planning/Head of National Land Agency of the Republic of Indonesia Number 1 of 2021. 2) Legal protection for electronic certificate holders as a guarantee of ownership of land rights is guaranteed by law. Repressive protection regarding electronic land certificates, as evidence of electronic ownership is recognized by the Electronic Information and Transaction Law (UU ITE). In terms of validity, there are no problems, especially since it has been strengthened in Article 5 of the Ministerial Regulation of ATR/BPN No. 1 of 2021, as well as Article 84 of Government Regulation No. 18 of 2021. Meanwhile, preventive protection for security has been prepared by the Ministry of ATR/BPN in anticipation of data leakage through collaboration with BSSN. . The electronic land certificate will enforce an electronic signature and use a Hash Code (a method to verify authenticity) and a QR Code (a matrix code created so that its contents can be parsed at high speed which requires a scan or scan to open it) guaranteed by the National Cyber and Crypto Agency (BSSN).]]>
<![CDATA[The Juridical Analysis of Notary/PPAT Responsibilities who Do Not Pay BPHTB Tax ]]>
<![CDATA[Eko Kurniawan]]>;
<![CDATA[Widhi Handoko]]>;
<![CDATA[Achmad Arifullah]]>
<![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.4.2.498-506
<![CDATA[One of the potential sources of tax revenue that needs to be explored according to the current economic situation and condition as well as the development of the nation is the type of Customs Tax on Land and Building Rights, hereinafter abbreviated as BPHTB. The transfer of rights to land and buildings can occur due to a legal act or legal event. One of the legal actions that can cause the transfer of rights to land and buildings is through buying and selling. The existence of the transfer of rights must be proven by an authentic deed made by or before the Land Deed Making Official (PPAT). The transfer of rights to land and buildings through the sale and purchase gives rise to tax obligations for the parties, namely Income Tax (PPh) for the seller and Customs for the Acquisition of Land and Building Rights (BPHTB) for the buyer. The purpose of this paper is to describe the legality of the act of receiving the power to deposit taxes by the Land Deed Making Official (PPAT) as a public official and the juridical implications of PPAT who receive the custody of Income Tax (PPh) and Customs for the Acquisition of Land and Building Rights (BPHTB) from taxpayers. The method used to examine these problems is normative legal research using a statute approach to examine the laws and regulations related to the legal issues being studied. The legality of the act of receiving the power to pay taxes by PPAT as a public official actually does not yet exist, in other words, a definite rule has not been established that regulates the act of receiving the power to deposit taxes by PPAT. Then regarding the juridical implications of PPAT who receive PPh and BPHTB tax deposits from taxpayers, even though the act does not have legal legality, its implementation is still included in the legal category because the act departs from the habits that have been in effect so far and is accepted by the community. As long as there is no legal regulation to realize the legality of this act, during that time this habit will continue, although there is no guarantee of legal protection for this act, but as long as it does not cause harm to anyone, it is considered not a problem. The BPHTB fee entrusted by the client to the Notary as the Land Deed Making Officer (PPAT), allows for opportunities for fraud by not paying or embezzling the BPHTB funds deposited. The results show that the deed of sale and purchase that has been made by PPAT is valid even though the taxes arising from the transfer of rights to the land and buildings have not been paid. Parties who do not pay taxes arising from the transfer of land and building rights have debts to the state and may be subject to administrative sanctions in accordance with the provisions of the applicable laws.]]>
<![CDATA[The Issuance of Land Certificates from an Electronic System ]]>
<![CDATA[Anisya Nur Setyani]]>;
<![CDATA[Dahniarti Hasana]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.716-727
<![CDATA[The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates.]]>
<![CDATA[The Role of Land Deed Maker Officials in Making the Deed of Transfer of Land Rights and Registration of Transfer of Names During the Covid-19 Pandemic ]]>
<![CDATA[Kholishotul Adibah]]>;
<![CDATA[Dahniarti Hasana]]>;
<![CDATA[Dini Amalia Fitri]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.907-915
<![CDATA[This research aims to know and analyze the role of land deed officials in making the deed of transfer of land rights and registration of transfer of names during the covid-19 pandemic at the Pekalongan City Land Office, to find out and analyze the legal consequences of making a deed of transfer of land rights that have been transferred, and to find out and analyze examples of a deed of transfer of land rights. This study uses a sociological juridical approach. This research specification uses descriptive analysis. The types and sources of data used in this study are primary data from interviews, while secondary data is obtained through library research. Research data collection is divided into 2 (two), namely primary data collection is done by interview and secondary data collection is done by collecting data contained in laws and regulations, books, articles and others. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the role of PPAT is to carry out some of the tasks of the state in the land sector, as a public official who is authorized to make authentic deeds. Since the signing of the deed by the parties, PPAT as one of the implementing officials of land registration is obliged to submit the deed he made and register the name transfer at the local Land Office. Since the Covid-19 pandemic, the Pekalongan City Land Office has implemented 8 (eight) steps of the conventional or semi-online service process, this is done so that services continue to run in a conducive manner and prevent the spread of the covid-19 outbreak. Second, there is legal certainty and legal protection for new rights holders by making a deed of transfer of land rights which has been transferred to a certificate of land rights.]]>
