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 Legal Position of the Credit Agreement on the Mortgage Object in the Status of the Sale and Purchase Agreement ]]>
<![CDATA[Jernidar Zebua]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.940-958
<![CDATA[This research aims to find out and analyze the legal position of the credit agreement on the object of collateral for land rights that are still in the status of a binding sale and purchase agreement in full with the Bank. The type of research is empirical normative and research specifications are descriptive analytical research. The data required prioritizes secondary data through document study methods or library materials and primary data as support through interviews. Methods of data analysis using the methodqualitative analysis. Based on the research, it was concluded that the legal position of the credit agreement on the object of collateral for land rights which is still in the status of a binding sale and purchase agreement in full is a credit agreementwho have met the subjective requirements and objective requirements based on article 1320 of the Civil Code and article 38 of the UUJN for notarized credit agreements that are in the principal agreement binding on the parties and the Debtor is subject to carrying out his achievements based on the agreement contained in the credit agreement. The guarantee agreement that was preceded by SKMHT and the drafting of which was contrary to UUHT is invalid or null and void and cannot be used as a basis for granting mortgage rights and registration at the land office and the Bank is domiciled as a concurrent creditor. The principal agreement does not terminate over an invalid guarantee agreement. Conversely, if the main agreement is canceled then the follow-up agreement (accessoir) become void or terminate automatically. Debtors who heed the implementation of the contents of the credit agreement can take a persuasive approach (non-litigation) or attempt a default lawsuit (litigation) in court based on a mutually agreed credit agreement at the beginning of the credit.]]>
<![CDATA[The Juridical Analysis of Inheritance Rights for Second Class Heirs in Religious Courts ]]>
<![CDATA[Muhammad Ramadhani Citrawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.959-972
<![CDATA[This research aims to know, analyze, and examine the juridical analysis of inheritance rights for heirs of the second class in the Surakarta Religious Court.Approach method in this researchused namely normative juridical or called doctrinal law or library research. Named doctrinal legal research because this research is only shown to written regulations so this research is closely related to the library because it will require secondary data from the librarythe required data includes secondary data obtained from library materials that provide an explanation of primary legal materials such as laws, research results, or legal expert opinions. the method of data analysis uses descriptive normative which provides an overview based on the results of an analysis of inheritance rights for heirs of the second class in the Religious CourtsBased on the results of the research and discussion, it was concluded that the right to inherit for heirs of the second class at the Surakarta Religious Court was based on the judge's considerations in deciding case Number: 228 /P dt.P/2021/PA.Ska in determining the heirs had referred to the Compilation of Islamic Law this is in accordance with the theory of Islamic justice and Pancasila, and the theory of legal protection according to Satjipto Raharjo.]]>
<![CDATA[The Juridical Review of the Position of the Deed of Sale and Purchase Signed by the Parties Not Before the PPAT ]]>
<![CDATA[Danang Irfan Feriansyah]]>;
<![CDATA[Taufan Fajar Riyanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.1011-1018
<![CDATA[This study aims to find out and analyze the Juridical Review of the position of the sale and purchase agreement signed by the parties not carried out before the PPAT, as well as what are the legal consequences of the sale and purchase deed signed by the parties not before the PPAT on the PPAT. The research approach method used is a normative juridical research method. The research specification used is Descriptive Analysis. The data needed includes Primary data, which consists of the 1945 Constitution of the Republic of Indonesia, Government Regulation No. 24 of 2016 amendments to Government Regulation Number 37 of 1998, Regulation of the Minister of Agrarian Affairs of the National Land Agency Number 3 of 1997 concerning provisions for implementing Government Regulation Number 24 of 1997, Civil Law, as well as secondary data containing books and other supporting documents. Collecting research data using document study techniques and library materials. Methods of data analysis using Interactive Model Qualitative Analysis. Based on the research, it was concluded that the position of the deed of sale and purchase that was signed not before the PPAT, the strength of legal evidence is degraded to legal force under the hands and the sale and purchase deed signed by the parties is not before the PPAT, the PPAT can be subject to office sanctions, namely dismissal in disrespect of his position.]]>
<![CDATA[The Position and Responsibilities of the Beneficiaries of the Limited Liability Company in ViewRegulation of the President of the Republic of Indonesia Number 13 of 2018 ]]>
<![CDATA[Sarah Fauziah]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.1019-1043
<![CDATA[Issuance of Regulation of the President of the Republic of Indonesia number 13 in 2018 regarding how to apply the principle of identifying the beneficiary. Cases of criminal acts of money laundering and financing of terrorists in the State of Indonesia under the guise of or by hiding the proceeds of such criminal behavior within a company. The purpose of this researchto find out the position the beneficial owner of the Limited Liability Company in terms ofRegulation of the President of the Republic of Indonesia number 13 of 2018 and to know responsibility the beneficial owner of the Limited Liability Company in terms ofRegulation of the President of the Republic of Indonesia number 13 of 2018. The method used in this study is the Normative Juridical method, the specifications in this study are analytical descriptive, the data used are primary data and secondary data, using data collection by interviews and literature studies, qualitative data analysis, problems are analyzed by theory, law enforcement and legal certainty. The results of this study indicate that an equal position between beneficial ownership and major shareholders is based on the beneficial ownership rights described in Presidential Decree No. 13 of 2018. Thus, beneficial ownership can be subject to personal responsibility based on the principle of piercing the corporate veil contained in the Act No. 40 of 2007 concerning Limited Liability Companies, both jointly and or individually in committing money laundering crimes. However, currently there are no technical regulations that include sanctions for companies in the event of non-compliance with BO transparency.]]>
<![CDATA[The Legal Position of the Sale & Purchase Agreement between the Developer & the Purchaser for Land Objects That are Still in the Process of Splitting ]]>
<![CDATA[Puji Haryanti]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.973-983
<![CDATA[The purpose of this research is to find out and analyze the legal position of the binding sale and purchase agreement between the developer and the buyer for land objects that are still in the process of splitting and analyze the role of a notary in making a binding sale and purchase deed where the land object is still in the process of splitting. This type of research is sociological juridical. The research approach used is descriptive research. Source of data used primary data and secondary data. Collection data used literature study and field study. The data analysis technique uses an interactive analysis model. The results of the study show that the legal position of the binding agreement on the sale and purchase of land rights made by a notary is recognized as a valid agreement, the binding agreement on sale and purchase aims to bind the seller and the buyer as a preliminary agreement in order to prepare the main agreement/subject agreement which will be carried out later, in the case of this is the Deed of Sale and Purchase. The role of the Notary in making PPJB is as an official authorized to make authentic deeds, intermediary and recorder of the will of the parties in the buying and selling process and as a witness that a deed has been carried out.]]>
<![CDATA[The Optimization of Legal Protection for Land Buyers in Buying and Selling Disputed Land ]]>
<![CDATA[Rusdiyanto Rusdiyanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.984-993
<![CDATA[Land in human life has an important function, therefore the law is tasked with providing legal protection and legal certainty for land buyers. Land that is in a state of dispute often creates problems for land buyers who lack information on the status of existing land. So that in reality the practice of buying and selling land often ignores existing consumer protection. Therefore, writing this article aims to discuss the relevance of the value of justice in consumer protection in buying and selling land. As for this writing using sociological juridical method. Based on the research conducted, it was found that the data is in the form of protection for buyers who have paid off in the sale and purchase of troubled land is not fair, this is due to the legal culture of sellers who are often dishonest regarding land status, and there are third parties related to the seller who also claim rights to a land that is also to the detriment of the buyer. The existence of efforts through the judiciary in its development is quite long and expensive. The lack of assurance of legal certainty and legal protection for troubled land buyers will ultimately undermine the principle of legal objectives according to Islam and at the same time the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, this will of course violate social justice for all Indonesian people.]]>
<![CDATA[The Role of PPAT in the Sale and Purchase of Disputed Land Rights ]]>
<![CDATA[Christina Winarni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.994-1010
<![CDATA[The purpose of this study was to identify and analyze the role of the PPAT in the sale and purchase of disputed land rights in Klaten Regency. To find out and analyze the juridical role of the PPAT in the sale and purchase of disputed land rights in Klaten Regency. Juridical research methods. The type of research that will be used by the author is empirical juridical research. Qualitative approach and data analysis using qualitative. The results of the study show that the official authorized to make the deed is the PPAT. The Land Deed Making Officer (PPAT) is a General Official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to Flats Units, and has the authority to make Sale and Purchase Deeds (AJB) which is proof that there has been sale and purchase of land The factors that led to the making of a land sale and purchase deed by the PPAT which then resulted in a land dispute were as follows: required sale and purchase transactions. There is a very high sense of mutual trust among fellow PPATs and between the parties and the PPAT. The time and busyness of the parties causes the PPAT to adjust to the time and busyness of the parties. The big factor is the value of the sale and purchase transactions carried out by the parties so that the PPAT is willing to follow the wishes of the parties. Relationship and friendship factors Based on the above study, it can be concluded, first, the form of responsibility of the Land Deed Official in providing legal protection to the parties is by fulfilling the rights and obligations of the seller and the buyer since the signing of the sale and purchase deed before him (PPAT), the transfer process is registered land rights, until after receiving the land title certificate according to what the buyer wants, and in the future there will be no lawsuits and demands in any form and from any party due to a change in ownership of the land rights, so the buyer feels safe in buying the land, Likewise, sellers are safe in selling their land rights.]]>
<![CDATA[The Contract or Agreement Business Law in Indonesia ]]>
<![CDATA[Anirut Chuasanga]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 1 (2023): May 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.5.1.1-7
<![CDATA[Agreement regulated in article 1313 of the Civil Code (KUH Perdata), namely "an act in which one or more people bind themselves to one or more other people". In contrast to an engagement which is a legal relationship, an agreement is a legal act. It is this legal act that gives rise to a legal relationship of engagement, so that it can be said that the agreement is the source of the engagement. Besides the agreement, we also know the term contract. Grammatically, the term contract comes from English, contract. Both agreements and contracts contain the same meaning, namely a legal act to bind the parties to each other in a legal relationship. The term contract is used more often in business practice.]]>
<![CDATA[Position and Legal Consequences of Deed of Recognition of Illegitimate Children Made by a Notary ]]>
<![CDATA[Riyanto, Syahvaldo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34257
<![CDATA[This research aims to analyze: 1) The legal position of deeds of recognition of illegitimate children made by Notaries. 2) Legal consequences of the deed of recognition of illegitimate children made by a Notary. This type of research is descriptive research. The approach method used in this research is the statutory approach. This type of research falls within the scope of normative legal research. The type and source of data in this research is secondary data. obtained by literature study. The analysis in this research is prescriptive. The results of the research concluded: 1) The legal position of the deed of recognition of illegitimate children made by a notary is that the notary's position as a public official is an honorable position given by the state attributively through law to someone who is trusted. Based on Article 281 of the Civil Code which states that recognition of illegitimate children can be done with an authentic deed, if it has not been contained in the birth certificate or at the time of the marriage. However, the legal position of the deed of recognition of illegitimate children made by a notary based on Article 281 of the Civil Code is ambiguous. after the publication of Presidential Regulation of the Republic of Indonesia Number 96 of 2018 concerning Requirements and Procedures for Population Registration, which in Article 51 states that the registration of recognition of children of residents in the territory of the Unitary State of the Republic of Indonesia who are born outside of a valid marriage according to religious law or belief in God Almighty , carried out based on a court order. 2) The legal consequences of the deed of recognition of illegitimate children made by a Notary, namely the deed of recognition of illegitimate children made by a notary has important legal consequences regarding legal proof, granting children's rights, official identity of children, legal obligations of children and legal protection to child. However, based on Presidential Decree Number 96 of 2018, the deed of recognizing a child made by a notary is not authentic because the notary does not have the authority to make a deed recognizing an illegitimate child because the determination is made based on a court order.]]>
<![CDATA[Analysis of the Role and Responsibilities of the National Land Agency (BPN) in Resolving Land Boundary Dispute Cases ]]>
<![CDATA[Wirawan, Rifqi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v5i4.34249
<![CDATA[This research aims to analyze: 1) The role of the National Land Agency (BPN) in resolving land boundary dispute cases in Pekalongan Regency. 2) The responsibility of the National Land Agency (BPN) in resolving land boundary dispute cases in Pekalonga Regency. This type of research is descriptive research. The approach method in this research is a sociological juridical approach. This type of data uses primary data and secondary data obtained from interviews and literature studies. The analysis in this research is descriptive qualitative. The results of the research concluded: 1) The role of the National Land Agency (BPN) in resolving cases of land boundary disputes in Pekalongan Regency is as a mediator in resolving these cases. Land disputes in the Pekalongan Regency area which are minor land boundary disputes are generally resolved by both parties to the dispute with mediation and the Pekalongan Regency Land Office acts as mediator. However, it is not uncommon that because the problems are complicated and the disputing parties are difficult to mediate, in the end the settlement is carried out through the courts. However, even in court, the Land Office will still be the party asked for information. 2) The responsibility of the National Land Agency (BPN) in resolving cases of land boundary disputes in Pekalongan Regency, namely that BPN is not only responsible until someone makes administrative efforts, but BPN is given the burden of implementing PTUN decisions related to its main task, namely issuing certificates. . In this regard, certificates that have been canceled by the PTUN which already have legal force must still be followed up in terms of revoking or canceling the certificate. Apart from that, BPN is also responsible for carrying out preventive efforts so that land boundary disputes do not occur. One way is to install land stake boundaries. The installation of land boundary markers is part of the Community Movement for Installing Boundary Marks (Gema Patas) program launched by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN).]]>
