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Sultan Agung Notary Law Review

SANLaR
Website

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 375 Documents

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Registration of Rights Transfer of Land Due to Instruction Related to Development of Collective Rights Sharing (APHB) Arrofi'atush Sholihah; Ahmad Khisni
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The results of research and discussion suggest that the transfer of rights due to inheritance occurs at the time of a person's death. In a sense, that since then the heirs became the new rights holders. As to who is the heir is stipulated in the applicable civil law. If the heirs are more than one person, and the heirs agree to appoint one of the heirs as the rights holder who will be listed in the certificate by making an inheritance certificate and an affidavit of the heirs, then by PPAT will be made APHB as the basis for the transfer of rights with the approval of all heirs. The purpose of this research is to know the process of implementing the registration of transfer of rights due to inheritance related to APHB, Legal consequences for the registration of land rights transfer due to inheritance related to APHB and the creation of APHB Deed. This study uses empirical juridical approach method with data collection techniques through primary data and secondary data. To collect primary data is done with field research using interviews. While the secondary data is obtained by reviewing primary legal materials and secondary legal materials, which are then analyzed using qualitative analysis techniques and interpreted logically and systematically which are then concluded.

The Overlapping Land Settlement Dwi Wisnu Wardana
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The role of Agrarian and Spatial Planning/National Land Agency is very much needed in society to fulfill the need for land services in this part of Indonesia. Considering the importance of a land certificate as a perfect and valid evidence for ownership of land rights, it is necessary to deal with land disputes with a view to ensuring legal certainty of land rights against the right holder or owner. This study is to determine the overlapping resolution in the Office of Agrarian and Spatial Planning/National Land Agency of Surakarta City over land use rights (HP) in Purwodiningratan Surakarta number 36 on behalf of the Surakarta City Government domiciled in Surakarta covering an area of approximately ± 9,350 m2, with Use Rights ( HP) number 23 on behalf of the Ministry of Transportation of the Republic of Indonesia domiciled in Jakarta (PT. Kereta Api Indonesia) covering an area of approximately ± 33,225 m2. This research is a descriptive empirical (sociological) juridical research with research data sources derived from primary data and secondary data. the data used includes; interviews, field observations and literature study in the form of books, laws and regulations, documents etc. hThe research results that have been collected are then analyzed qualitatively. This study aims: 1) To determine to analyze overlapping land settlement. 2) To find out the obstacles and solutions in overlapping land settlement. 3) To analyze to find legal certainty due to overlapping. Many obstacles to overlapping land settlement in the settlement of Hak Pakai land, especially those belonging to government agencies, are constrained by the bureaucracy of rights holders. The efforts and solutions for the settlement of overlapping land mediation by the Land Office of Surakarta City, in this case, are very dependent on the holders of Land Rights in the settlement of the Land Office as a mediator in the settlement in accordance with statutory regulations.

Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Sole Heirs Hikmatul Mahfiyyah; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.

Absentee Land Management Policy by Civil Servants Endang Ristianti
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to examine and analyze: 1) Implementation and Policy of Absentee Land Management by Civil Servants at the Land Office of Klaten Regency. 2) Implementation and Policy of Absentee Land Management by Civil Servants at the Klaten Regency Land Office. The approach method used in this research is the Normative approach. Normative legal research or library research is research that examines document studies, which uses various secondary data such as statutory regulations, court decisions, legal theory, and can be in the form of scholars' opinions. The research specification used is descriptive analytical. In this study, the data source consisted of primary data obtained by researchers through interviews and secondary data obtained through literature studies. Based on the results of the study, it can be concluded that: 1) Implementation of the implementation of absentee ownership of agricultural land obtained by Civil Servants provides opportunities for Civil Servants to be able to own the Absentee land. The legal instrument that regulates the ownership of Absentee land by Civil Servants/PNS is Government Regulation Number 4 of 1977 as described in the provisions of Article 2 paragraph (1), Article 2 paragraph (2), Article 2 paragraph (3) and Article 2 paragraph (4) Government Regulation Number 4 Of 1977. As for the implementation of absentee ownership of agricultural land in Klaten Regency, with the provision that a maximum distance of 8 km is stipulated for absentee land, if it exceeds 8 km then the implementation cannot be fulfilled. 2) Constraints in the Absentee Land Management Policy by Civil Servants at the Klaten Regency Land Office stem from community factors, namely the lack of legal awareness from the community Community life can run in an orderly and orderly manner, of course supported by an order so that life becomes orderly. Therefore, socialization plays an important role in the implementation of the Absentee Land Management Policy by Civil Servants at the Klaten Regency Land Office.

Implementation Effectiveness of Electronic Liability Registration Endah Subekti Tri Astuti; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to determine and analyze: 1) the effectiveness of the current electronic mortgage registration implementation. 2) Factors that affect the effectiveness of the current implementation of electronic mortgage registration. The approach method used in discussing this research problem is a normative juridical approach.The research specification 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 implementation of HT registration with the HT-el System at the Land Office has not all been carried out in accordance with the procedures stated in the Technical Guidelines for HT-el. Procedural discrepancies, for example, were found in files that were suspended and closed in 2019 until May 12, 2020. Application files that did not comply with the procedures were discovered based on the results of the Land Office inspection, if not checked, the HT-el certificate would be issued automatically on the seventh day. Issuance without any inspection from the Land Office if there is a procedural error, it is feared that it will become a problem in the future. Obstacles in HT registration with the HT-el System occur in PPAT, Banks as creditors and the Land Office. These obstacles arise during the HT registration process, both technically and non-technically. 2). Barriers related to technical aspects include the lack of facilities such as ranking selection, selecting more than one certificate and providing facilities for checking certificate data in HT-el applications. Meanwhile, in non-technical barriers, there are regulations in Permen ATR/BPN No. 5 of 2020 which is not in accordance with UUHT as the legal basis for the Ministerial Regulation issued, where in UUHT the second sheet of APHT and other warrants are submitted to the Land Office in physical form but in Permen ATR/BPN No. 5 of 2020 only in digital form of scan results.

The Urgention of Use of Technology as A Minute Protection of Notary Assets That are Lost or Damaged Due to Natural Disasters Mohammad Rizal Zulkifli Ramli
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to: to determine how important the application of technology is to protect the minuta notary deeds that are lost or damaged by natural disasters. The approach method in this research is sociological empirical research which is a qualitative research based on primary data. Primary data is data that is obtained directly by the object. Based on the results of data analysis, it can be concluded that the use of technology as an effort to protect notary deeds that are lost or damaged due to natural disasters has not obtained a clear legal basis because the Notary Position Law or other legal provisions do not clearly regulate the procedure for keeping the minimum deed, so that notaries do not have standard rules regarding procedures. How to keep the minuta deed, which results in not providing legal certainty and legal protection for the parties concerned. Along with the development of technology, technology should be used in order to support work, including notaries, storing minuta deeds in the form of soft files to make backup files that can be used if one day a natural disaster occurs which results in the loss or damage of a minimum certificate. The absence of a clear legal basis that regulates the use of technology as a means of storing minimum deeds is one of the obstacles to the use of technology, even though this is done to improve the performance of notaries who are an extension of the government in the field of civil law in terms of services to the public. The potential for disasters or things beyond human capacity that can cause the loss or damage of the deed as part of the notary protocol is very large, so it is necessary to make preventive efforts by the notary in carrying out one of its obligations as mandated in the UUJN. Notaries must take the initiative in keeping the minimum deeds so that their storage is completely safe and not stuck with the old habit of storing notary protocols in a cupboard or vault that is still lost or damaged due to natural disasters or other things beyond human ability. So that efforts to utilize technology should become an internal habit in the notary office while waiting for a clear legal basis.

Systematic & Complete Land Registration Effectiveness in Reducing Land Disputes in Kendari City A. Hasdian Ikawati
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The importance of systemic and complete land registration in its development has not been able to materialize effectively, this has resulted in widespread problems of land ownership disputes in the community. The writing of this article uses an empirical juridical method. Based on existing research, it can be seen that the implementation of a complete and systemic registration is important in preventing land disputes. However, this has not been effective due to the problem of overlapping regulations and the problem of people's perspectives who still do not understand the importance of land registration at this time. So that the efforts made to overcome the obstacles that arise in the implementation of land registration are by providing legal counseling to the community, so that residents get sufficient legal information and knowledge to support the implementation of proper land registration. For the payment of BPHTB (Land Rights Acquisition Fee) for residents who cannot afford to have received relief in the payment.

Notary Responsibility For Development And Registration Of Fidusia Warranties On Line Against Fidusian Recipients In Demak District Widayat Aris Prasetiyo
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
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.2.4.772-780

The implementation of making and registering an online Fiduciary Guarantee Deed in Demak Regency, the Notary must carry it out on his own without being represented by the employee, because the Notary must know for sure about the correctness and data input. Based on this, this research discusses the Notary's responsibility, the obstacles in fulfilling the Notary's responsibility, and efforts to overcome the obstacles in fulfilling the Notary's responsibility for the making and registration of the Fiduciary Guarantee Deed Online for Fiduciary Recipients (Creditor) in Demak Regency. Types / types of empirical juridical research, analytical descriptive specifications, data collection methods include primary legal materials and secondary legal materials, qualitative analysis methods. The responsibility of the Notary, starting from the making of the Fiduciary Guarantee Deed including the supporting documents in the making of the Fiduciary Security Deed, up to the implementation of data input in the context of implementing the Fiduciary Guarantee Deed registration is the full responsibility of the Notary concerned. The obstacles are: First, the internal factor is that there is an error in data input made by a relevant Notary regarding the procedures and procedures for making an Authentic Deed. Second, external factors related to the Credit Approval Memorandum (CAM) of the Fiduciary, Efforts to overcome obstacles, namely: First, obstacles from the online operational system, so if the data has been sent, the Fiduciary Certificate has not been printed online. Second, in terms of application an error occurs, then you can send an email requesting corrections and corrections to the email address. Third, in terms of data storage in the system, the notary will first perform manual recording. Fourth, in terms of the appearance of the statement letter and the Fiduciary Guarantee Certificate, the Notary will re-enter the data that is not completely printed. Fifth, in terms of signatures, the notary will report the imperfect printing of the system.

ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN Ong Argo Victoria; Muhammet Ebuzer Ersoy
Sultan Agung Notary Law Review Vol 1, No 2 (2019): November 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Adoption is a legal act which distract a child from the environment of its parents, legal guardian, or other person responsible for the care, education and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoption among Indonesian citizens and foreigners. However, what legal consequences arising from the removal of the child? Is the adopted child could inherit from their foster parents or not? Or is there a way to pass down inheritance to adopted child who allowed the legislation? Therefore, this article will discuss,

Roles & Responsibilities of Notaries in Making Wills According to Civil Law & Islamic Law Muhammad Badruddin; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Based on the applicable legislation, the role and responsibility of a notary from the beginning to the end of the process of making a testament act is very necessary so that it has binding legal force. This writing aims to analyze the role and responsibilities of a notary for his will and protection of a notary from the perspective of the Civil Code and Islamic Law. The research method used in this thesis is a sociological juridical research method. The analytical knife used in this study uses the theory of responsibility, the theory of authority, and the theory of legal certainty. The results of the research and discussion show that the role of a Notary in making a will according to the Civil Code is in the form of: make a Supercriptie Deed relating to an explanation of a secret will and sign the deed and keep it, keep wills, keep a will in a state of war, people who sail, or those who are in places prohibited from contact with the outside world due to illness, make a deed of appointment of the executor of the will, and make a deed of appointment of the manager of the estate of the heir. The role of the Notary in making a will according to the Compilation of Islamic Law (KHI) is in the form of making a Will Deed and making a Deed of Revocation of Will. The notary's responsibility for the will, which includes moral responsibility, ethical responsibility, and moral responsibility. Protection of notaries on wills has been regulated and stated in Article 66 of the UUJN.

Page 3 of 38 | Total Record : 375

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Yusuf Wisnu Mandaya

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+6285399441898

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sanlar@unissula.ac.id

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2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email sanlar@unissula.ac.id

Phone +6285399441898

Journal Mail Official sanlar@unissula.ac.id

Editorial Address 2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA