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[An Overview of Islamic Law in the Mechanism of Individual Distribution if the Wife of the Heir is more than One ]]>
<![CDATA[Ani Maryani]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Winanto Winanto]]>
<![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.4.2.456-464
<![CDATA[This study aims to determine and analyze the mechanism of inheritance distribution if the wife of the heir is more than one in terms of Islamic law. The research approach method used in the preparation of this thesis is a normative juridical research method. This research specification uses descriptive analysis. The type of data used is secondary data from legal materials in the form of the Qur'an and Hadith, the Civil Code, the Marriage Law, and the Compilation of Islamic Law. Collecting data by studying documents or library materials that are collected and processed systematically. The results of this study indicate that: first, the acquisition of inheritance rights for wives or wives is contained in the Qur'an letter An-Nisa' verse 12 and in the Compilation of Islamic Law Article 180. After removing part of the joint property, the rest is distributed to the heirs. If the heir leaves children, the wife's share is 1/8 and if the heir does not leave children, the wife's share is of the inheritance. Second: The concept of marriage in Indonesia based on Act No. 16 of 2019 concerning amendments to Act No. 1 of 1974 concerning marriage contains elements of monogamy, but the court can grant permission on fair conditions, the wife's consent, guarantees the necessities of life for the wife and children, and permit has permanent legal force. KHI explains that joint assets in each marriage are separate and independent and are calculated at the time of the second, third or fourth marriage contract.]]>
<![CDATA[The Urgency of Making Notary Deeds Electronically during the Covid-19 Pandemic ]]>
<![CDATA[Rizal Mutaqin]]>
<![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.4.2.652-664
<![CDATA[One of the professions that is given the authority to make an authentic deed is a notary. There are three forms of state emergency status, namely civil emergency, military emergency, disaster emergency, and public health emergency. During the Covid-19 pandemic as it is today, electronic transactions are mostly carried out to reduce physical contact between humans which can increase the possibility of the spread of the Covid-19 virus. Considering the Law on Notary Positions requires that the deed be made before a notary. The author in this study used a normative juridical approach. Normative legal research is legal research that puts the law as a building system of norms. Data analysis was carried out qualitatively, namely from the data obtained and then compiled systematically and analyzed to achieve clarity of the problems discussed, which were described qualitatively. The urgency of making a notary deed electronically during the Corona Virus Disease (Covid-19) pandemic is that the implementation of the deed must still be carried out with the help of an electronic system, considering the Covid-19 pandemic. Indonesia is a country that has recognized the validity of electronic information or documents to be used as legal evidence before the law and courts, known as electronic evidence in Act No. 11 of 2008 and its renewal in Act No. 19 of 2016 concerning Information and Electronic Transactions (hereinafter referred to as UU ITE). The legal position of a notarial deed made electronically. The legal position of a notary deed made electronically is the provisions of the laws and regulations governing the making of an authentic deed both in the Notary Position Act and Government Regulation Number 37 of 1998 concerning Land Deed Maker Officials and their amendments principally prioritize direct, face-to-face interaction and attendance parties who wish to be notary. This provision is as regulated in Article 1868 Burgelijk Wetboek (hereinafter referred to as BW) or the Civil Code which states that a deed is called an authentic deed if it meets the requirements, namely the form of the deed is determined in the laws.]]>
<![CDATA[The Legal Protection for Banking Parties through Buy Back Guarantee Agreements to Support Guarantees for Home Purchases with a Home Ownership Credit System ]]>
<![CDATA[Dayan Panaya]]>;
<![CDATA[Siti Rodhiyah]]>;
<![CDATA[Setyawati Setyawati]]>
<![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.4.3.858-867
<![CDATA[This study aims to (1) determine and analyze the legal standing of the buy back guarantee agreement as a guarantee for the purchase of a house through a home ownership loan. (2) To find out and analyze the legal protection for banks through a buy back guarantee agreement as a supporter of a guarantee for the purchase of a house with a home ownership credit system. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed with quantitative descriptive. The results of the study show that (1) The Legal Position of the Buy Back Guarantee Agreement is categorized as a guarantee agreement.]]>
<![CDATA[The Implementation of Compensation for the Rest of the Land in Land Procurement for the Construction of Public Facilities ]]>
<![CDATA[Uslifatul Jannah]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![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.4.2.379-395
<![CDATA[This study aims to find out and analyze the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, as well as to find out and analyze the obstacles and solutions in the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in the Regency. Bogor. This research method uses a sociological 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 implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, namely the implementation of the construction of the Bogor Outer Ring Road (BORR) as a whole has not been carried out optimally because there is still land that has not been paid for with various kinds of problems. . Until the end of this research, there are still 36 (thirty six) of the 171 (one hundred and seventy one) remaining land parcels that have not received compensation, namely the remaining land parcels located in Cibadak Village and Kayu Manis Village; 2) Implementation of compensation for the remaining land there are several obstacles that hinder the implementation, namely obstacles from the community which include objections to the amount of compensation, objections to the provisions on the area of the remaining land parcels to be compensated, and the application for compensation for the remaining land which is not done collectively. Meanwhile, the obstacle from the government is that there is a legal vacuum regarding the compensation mechanism for the remaining land which has an area of more than 100 m2.]]>
<![CDATA[The Jurisdictional Implications on Default of the Parties to Trademark License Agreements Made before a Notary ]]>
<![CDATA[Muhammad Zaenal Luthfi]]>
<![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.4.2.594-602
<![CDATA[This study aims to identify and analyze the juridical implications of the parties' default in the trademark license agreement made before a notary, to identify and analyze the legal remedies for the parties' default in the trademark license agreement made before a notary. The research approach method used in this thesis is a normative juridical legal research method. Specifications This study uses a description of the analysis. Sources of data come from primary data which includes Act No. 20 of 2016 concerning Brands and Geographical Indications, PP No. 36 of 2018 concerning the recording of IPR License Agreements, Act No. 2 of 2014 in conjunction with Act No. 30 of 2004 concerning the position of a Notary, as well as secondary data containing books and other supporting documents. Data collection methods include library research, Document Study. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that in a trademark license agreement made before a notary, it is obligatory to submit an application for registration to the Ministry of Law and Human Rights in order to obtain legal protection. However, if the license agreement is not registered, the license agreement is only binding on the parties who entered into the license agreement and in the event of a default, the license agreement can be canceled or null and void and has no impact on third parties. Legal remedies if there is a dispute in the trademark license agreement, namely by litigation and non-litigation.]]>
<![CDATA[The Legal Position of Notary Deed in Establishing Water-Using Farmers' Associations ]]>
<![CDATA[Ardhea Safira Prawestri]]>;
<![CDATA[Taufan Fajar Riyanto]]>
<![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.4.3.798-808
<![CDATA[The role of the Notary in the process of establishing the Association, among others, is to make a deed of Establishment of the Association and register it with the Ministry of Law and Human Rights if it is desired that the association is a legal entity. The existence of an authentic deed made by a notary is used to protect and guarantee the rights and obligations of the parties to the agreement. A normative juridical approach is used in this study, and is carried out by examining existing library materials. The results of this study are the legal position of a notary deed in the establishment of a water user farmer association in Semarang district is recognized by regulations, namely according to Act No. 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Act No. 2 of 2017 concerning Amendments to Act No. 17 of 2013 concerning Social Organizations. The legal consequences that arise from the establishment of a notarized association of farmers using water will result in legal certainty for farmers in improving irrigation management independently, efficiently, and effectively.]]>
<![CDATA[The Legal Protection on Notary in Dispute of Land Sales & Purchase Disputes ]]>
<![CDATA[Riski Suherman]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.319-330
<![CDATA[This study aims to determine and analyze legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl. The research method uses a normative juridical approach and the specifications used are descriptive analytical, data collection uses a literature study. This study also uses qualitative data analysis techniques. The results of the study indicate that legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl shows that legal protection for Notaries in land sales and purchase disputes can be realized based on Article 15 paragraph (1) and Article 16 paragraph (1) letter a UUJN-P. These two norms provide legal protection to notaries from the aspect of authority regarding the issuance of authentic deeds and how their positions must be carried out. On the other hand, due to the sale and purchase not proceeding as stated in Article 1457 of the Civil Code, the obligation for the Notary to return it to the Plaintiff must have a strong legal basis. A very adequate legal basis is through a court decision ordering the Notary to return it to the Plaintiff. Meanwhile, from the aspect of public services, the issuance of the Sale and Purchase Deed Number 75 for the purposes of the plaintiff and the defendant and not submitting the plaintiff's certificate carried out by the Notary is an act protected by law based on Public Service Law.]]>
<![CDATA[Legal Protection for Banks in Using Notary Covernotes in Credit Agreements That Cause Bad Loans ]]>
<![CDATA[Gatot Wahyu Utomo]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Soegianto Soegianto]]>
<![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.4.2.532-542
<![CDATA[The purpose of this study is to analyze: 1) The role of the Notary in making the Covernote in the credit agreement. 2) Legal protection for Banks in the use of Notary Covernotes in credit agreements resulting in bad loans. The approach method used is a sociological juridical approach. The research specifications used are analytical descriptive. This type of data uses primary and secondary data obtained through interviews and literature studies. The data analysis method used is descriptive qualitative. The results of the study concluded: 1) The role of the Notary in making Covernotes on credit agreements in Pangkal Pinang City is not based on statutory regulations. Because neither the UUJN nor the Banking Law regulates the covernote. But here the Notary makes a covernote because he is a partner of the Bank. Because the covernote is not regulated in the Law on Notary Positions (UUJN), then the consequences caused by the covernote apply general legal provisions. Notaries can be sentenced to criminal, if it can be proven in court. 2) Legal protection for banks in the use of notary covernotes in credit agreements is not guaranteed by law. Because the guarantee binding is not perfect. Banks in order to secure and ensure the return of loans given to debtor customers will always ask for guarantees. Guarantee is a means of preventive legal protection. Banks as creditors even use covernotes as the basis for credit disbursement, but still receive repressive protection, based on Articles 1131 and 1132 of the Civil Code.]]>
<![CDATA[The Role of Notaries in Making Wills Regarding the Distribution of Inheritance according to Islamic Compilation Law ]]>
<![CDATA[Nirwan Kusuma]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Denny Suwondo]]>
<![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.4.3.735-744
<![CDATA[This research aims to know and analyzing the role of a notary in making a will regarding the distribution of inheritance according to Islamic law.Analyzing the role of a Notary in making a will based on the provisions of the laws and regulations in force in Indonesia as well as the compilation of Islamic law as well as the obstacles and solutions of a notary inmaking a will regarding the distribution of inheritance according to Islamic law. This research is a type of legal research with a focus on the study of sociological juridical approach (Sociology Legal Research). Juridically by reviewing the applicable laws and regulations in accordance with the compilation of Islamic law and the Civil Code to achieve the final goal. The results of a sociological juridical study on the role of the role of a notary in making a will regarding the distribution of inheritance according to Islamic law is the role of a Notary in making a will before a Notary refers to the provisions of Article 1 point 1 UUJN which states, "Notaries are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law or based on other laws", where each will or testament must be in the form of a deed in order to obtain legal certainty as a binding authentic deed. Inheritance assets often cause various legal and social problems, the obstacles that are often faced by notaries are very complex in their implementation, including: the notary lacks control and does not understand all the provisions of the inheritance certificate, the notary is not careful enough to check and ensure the completeness of the documents, the difficulty of the notary to ensure that the witnesses presented must really know about the family of the deceased heir, it is still often encountered witnesses or heirs who are dishonest in providing information and there is no legal unification regarding the regulation of the implementation of the certificate of inheritance in Indonesia. From the above constraints, the researcher draws conclusions in the form of solutions including: notaries have a role to educate to become professional and reliable notaries, namely by carrying out scientific activities such as seminars about notaries, notaries in taking an action must be prepared and based on rules applicable law, a notary must be able to observe the actual facts in the reality.]]>
<![CDATA[The Role of Notaries in Registration of Applications for Land Rights above Management Rights ]]>
<![CDATA[Lukmanul Hakim]]>;
<![CDATA[Taufan Fajar Riyanto]]>;
<![CDATA[Andi Aina Ilmih]]>
<![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.4.3.930-939
<![CDATA[The purpose of this study was to analyze the role of a notary in registering applications for land rights over management rights. To analyze the process of determining land rights over management rights.The method used by the researcher isNormative JurisdictionandThe 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 thatThe Role of Notaries in Application for Land Rights Above Management Rightsare: a. As a Consultant who provides legal counseling to clients; b. As an Authorized Person entrusted by his client for his competence and expertise.The process of determining land rights over management rights in the conception of legal certainty through procedures and complete requirements, namely a certificate of building use rights that is requested to be converted into a right of ownership, a deed of sale and purchase or a letter of acquisition regarding the land and the house in question, a letter of approval from the holder Mortgage Rights (if the land is encumbered with Mortgage Rights), Applicant's Identity Card, and Letter of Recommendation from Perum Perumnas. The granting or stipulation of land rights included in any settlement of land issues is intended as an effort to provide legal certainty guarantees for the holders of the rights.]]>
