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 Duties & Authorities of Land Deeds Officer (PPAT) in Implementing the First Land Registration ]]>
<![CDATA[Agus Nuryanto]]>;
<![CDATA[Setyawati Setyawati]]>;
<![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.4.2.446-455
<![CDATA[The purpose of this study is to find out and analyze how the Duties and Authorities of Land Deed Maker Officials in the Implementation of Land Registration for the first time. To find out and analyze the Constraints and Solutions of Land Deed Making Officials in carrying out land registration activities for the first time and to find out what efforts must be made by PPAT. The method used by the researcher is Empirical Jurisdiction and The specifications in this study include descriptive analysis. The sources and types of data in this study are secondary data obtained from library studies. Based on the results of the study that The Duties and Authorities of the Land Deed Making Official in the Implementation of Land Registration for the first time are:make an authentic deed that plays a role in providing juridical data on changes to data on the implementation of land registration.The obstacles are: a.The inability of the parties to complete the requirements related to taxation. b.For the first application for land registration with proof of land acquisition in the form of a sale and purchase receipt or sale and purchase receipt, but the evidence in the form of a sale and purchase seal or sale and purchase receipt has been damaged. c. Requirements relating to taxation. d. Lost and unknown land book in the Land Office. The solution: a. The requirements that must be met by applicants who wish to apply for land registration are incomplete for the first time. b. Ask for a copy to the local Village Office, because all data on the sale and purchase of the land is in the Village office. c. All land owners are required to pay Land and Building Tax regularly every year if they want to register their land rights. d. It is hoped that people who have land that have not been registered (certified) to register their land with the Regency/Municipal National Land Agency Office regarding the importance of registering land rights.]]>
<![CDATA[The Juridical Review of Notaries Who Actually As State Officers in the Concept of Legal Assurance ]]>
<![CDATA[Rindra Agung Wiguna]]>
<![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.4.2.641-651
<![CDATA[In legal research, legal theory becomes a scalpel to analyze problems using legal certainty theory and liability theory. This study uses three (3) sources of data, namely legal materials, namely primary, secondary and tertiary legal materials, while data collection techniques use library research. Data analysis using qualitative analysis method using deductive logic and described analytically descriptive. The results of the research found the rules regarding the prohibition of a Notary concurrently serving as a state official in Article 17 paragraph (1) letter d of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning Notary Positions. So it can be concluded that a Notary concurrently serving as a state official is a violation of the law, the Notary Supervisory Board has the right to conduct an examination of alleged violations and impose sanctions on a Notary if proven to have committed a violation.]]>
<![CDATA[The Legal Certainty of Murabahah Contracts in Buying a House ]]>
<![CDATA[Danu Pratama]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[R. Sugiharto]]>
<![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.4.3.846-857
<![CDATA[The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 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 qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.]]>
<![CDATA[The New Role of Notaries in Making Information on Inheritance Rights after the New Enactment ]]>
<![CDATA[Soni Hana Fika]]>;
<![CDATA[Dahniarti Hasana]]>
<![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.4.2.368-378
<![CDATA[. This study aims to determine and analyze the authority of the Balai Harta Peninggalan in making information on inheritance rights after the enactment of Permenkumham No. 7 of 2021, the roles and responsibilities of Notaries in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021. The use of the sociological juridical approach in legal research is caused by problems that are closely studied with juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of certainty and the theory of authority. The results of the study indicate that the authority of the Balai Harta Peninggalan in making a certificate of inheritance after the enactment of Permenkumham No. 7 of 2021 has been regulated in Article 3 letter c, in carrying out BHP's obligations to carry out the function of making an inheritance certificate. However, in Permenkumham No. 7 of 2021, it is not explained who can make a certificate of inheritance at the BHP. The role of the Notary in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021, namely making inheritance rights in accordance with the stipulated requirements and procedures for making inheritance certificates. Notaries must ensure the process of inheritance distribution for the use of groups and parties involved in the distribution of inheritance. The notary in making the certificate of inheritance is responsible for the village and sub-district if the SKWH does not appear in the deed. However, there are SKHWs of Chinese descent which are the obligation of a notary, because they use a Notary SKHW. And depending on the request or the needs of the client itself. Do you want SKWH or take a notary deed.]]>
<![CDATA[The Juridical Analysis of the Term of Banking Liability Loan Ownership of FLPP Prosperity ]]>
<![CDATA[Muhammad Firdaus]]>
<![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.4.2.581-593
<![CDATA[Procedures for granting Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area, namely Submission of files; Loan file investigation; Interview 1; On the spot; Interview 2; Credit decisions; Signing of credit contracts/other agreements; Credit realization; and Distribution/auction house. The regulation of the time period regarding the SKMHT Deed in the Mortgage Law clearly states that the SKMHT cannot be withdrawn or cannot be terminated for any reason, except because the power of attorney has been exercised or because the term has expired. The period of use of SKMHT in the provision of Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area in its implementation is followed by the Deed of Granting Mortgage Rights (APHT). This type of research is normative or juridical normative, namely by researching library materials and secondary materials, while the nature of this research is analytical descriptive. Sources of data in this study is secondary data. The data collection used in writing this thesis is through literature research techniques. The method of data analysis carried out by the author is a qualitative approach. It is expected that the Bank Mandiri Area Semarang Pahlawan should be objective in selecting prospective debtors so that the benefits of the Subsidized Housing Credit program can be felt, it is hoped that the government regarding the provisions of Article 15 paragraph (3) and (4) UUHT to be reviewed because the SKMHT period is fairly short and not commensurate with the length of the process of issuing the certificate of land rights and it is hoped that the Bank Mandiri Area Semarang Pahlawan in the use of SKMHT in the provision of Subsidized Housing Credit facilities should be followed by APHT in its implementation.]]>
<![CDATA[The Role of Notaries and PPAT in Protecting Gayo Customary Rights ]]>
<![CDATA[Aminsyah Aminsyah]]>;
<![CDATA[Andri Winjaya Laksana]]>
<![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.4.3.786-797
<![CDATA[Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance division theory. The results of the study indicate that the position and position of the customary rights of the customary law community in the National Land Law is very important, the hierarchy is higher than the individual/individual rights to land. Customary law communities live and develop in accordance with the order of values and norms that they believe and obey as truth, including in this case customary norms in the concept of land tenure. Article 3 of the UUPA states that the acknowledgment of the existence of Ulayat rights of the customary law community as long as in reality it still exists, meaning that if in fact it does not exist, then the Ulayat rights can no longer be recognized, cannot be revived and new Ulayat rights cannot be created. The regulation of Ulayat rights is left to the Customary Law community. In providing services to the community, a Notary/PPAT has the duty to serve applications to make certain land deeds referred to in the regulations regarding land registration and the PPAT Position regulations.]]>
<![CDATA[Notary’s Role & Responsibilities in the Implementation of Association Registration through Online Legal Entity Administration System ]]>
<![CDATA[Abdul Hasim]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.4.2.306-318
<![CDATA[This study aims to analyze role and responsibilities of a notary and the procedure for registering associations through the online Legal Entity Administration System. The approach method in this research was a sociological juridical approach. The data used were primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded the association registration procedure through the online Legal Entity Administration System is uncomplicated and the procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the association legal entity is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-.]]>
<![CDATA[Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees ]]>
<![CDATA[Farik Farik]]>;
<![CDATA[Dahniarti Hasana]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.4.2.507-531
<![CDATA[This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.]]>
<![CDATA[The Law Enforcement Analysis of Violations of the Notary Code of Ethics ]]>
<![CDATA[Eva Zuliana]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.4.3.728-734
<![CDATA[The law enforcement is an effort to implement the code of ethics of a notary as it should be, supervise its implementation so that there is no violation, and if there is a violation, restore the violated code of ethics so that it is re-enforced. Notaries in carrying out their duties and positions are not closed to the possibility of committing violations. This study aims to find out and analyze the enforcement of the code of ethics for notaries who have committed violations, and what are the obstacles to the Notary Honorary Council in imposing sanctions on the code of ethics for notaries who commit violations. Based on research results shown the law enforcement of the code of ethics for notaries who commit violations is that the Honorary Council makes summons, gives warnings to notaries who commit violations, and holds hearings to examine suspected violations of the code of ethics. The obstacles of the Notary Honorary Council in enforcing the code of ethics are the limited number of members of the Notary Honorary Council so that they cannot carry out their duties optimally if one of them cannot attend, and there is a feeling of reluctance to fellow professionals to reprimand or impose sanctions.]]>
<![CDATA[Juridical Analysis of the Position of the Notary Deed That Does Not Meet the Subjective Elements as a Condition for the Validity of the Agreement ]]>
<![CDATA[Lita Ardita Putri Widyantoro]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Rizky Adi Prinandito]]>
<![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.4.3.916-929
<![CDATA[The deed throughout 2010 recorded that 12 housing certification cases had been handled by the Notary Supervisory Council, both central and regional. It is undeniable that certain individuals can do things that violate their professional code of ethics. In conducting this research, the author uses the research method used is normative juridical literature research, the sources of which can be obtained from library materials and document studies. The result of the research is that a deed that can be canceled remains valid and binding as long as there is no court decision that has permanent legal force that cancels the deed. Legal actions as outlined in a notarial deed can be canceled if they contain juridical defects caused by several things: inability to act and disagree or disagree in making them. It is different from a deed that can be canceled because in the process of making it it does not meet the subjective elements as stated in Article 1320 paragraphs (1) and (2) of the Civil Code. As legal subjects, humans cannot be separated from things called legal actions and what humans often do in carrying out their lives is making transactions. In conducting transactions, the parties cannot agree on an agreement. The agreement according to Article 1873 of the Civil Code is a follow-up agreement made in a separate deed that is contrary to the original deed, only providing evidence between the parties but does not apply to third parties with good intentions. Based on the legal requirements of the agreement in the form of a notarial deed, the two conditions for the validity of the agreement are not fulfilled, namely the existence of an agreement to bind oneself and a lawful cause. The legal consequences can be canceled or null and void by law.]]>
