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[Legal Protection for Minors in Burdening Their Own Fixed Assets ]]>
<![CDATA[Purwiningsih, Septya]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i1.35951
<![CDATA[This study aims to analyze: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child. 2) The judge's considerations in providing protection for minor children to encumber their immovable property. The approach method in this study is the statute approach. This type of research is included in the scope of normative legal research. The type and source of data in this study are secondary data. obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child is intended so that the assets of the child under guardianship are not misused by the guardian and as a preventive measure for inheritance disputes. Where this aims to protect the management of assets that are the child's rights to be used for the best interests of the child and can be accounted for when the child is an adult. One form of legal protection is the existence of a supervising guardian. 2) The judge's consideration in providing protection for minors to burden their permanent assets in Determination Number 310/Pdt.P/2019/PN.Pwt. between a person's position as a legal subject and the capacity to act there is a very close relationship, but both are actually two different things. The position as a legal subject or Person is a quality that allows the person concerned to have rights and obligations, while the problem of capacity to act is a problem of authority to exercise the rights and obligations that he has, as an effort to organize / fulfill his interests.]]>
<![CDATA[Legal Consequences of a House Sale and Purchase Agreement Through a Home Ownership Credit by Over Credit Underhand ]]>
<![CDATA[Purwandini, Dewi Fitriasih]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i1.35852
<![CDATA[This study aims to analyze: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties. 2) Legal protection for the parties due to an over credit sale and purchase agreement. The approach methods used in this study are the case study approach and the statute approach. This type of research is a normative legal research. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties carried out with trust in each other, because this trust is not based on applicable law will harm the party who receives the debtor. The loss can be in the form of default. The legal consequence of the default is that the replacement debtor cannot take the certificate that is still in the bank's possession. The replacement debtor cannot change the name, because the certificate is still registered in the name of the first debtor. 2) Legal protection for the parties due to the over credit sale and purchase agreement, namely preventive protection for the buyer can be carried out in the implementation of the sale and purchase agreement by checking the existence of evidence of ownership of land rights that are the object of the agreement. Repressive protection in decision Number 30 / Pdt.G / 2016 / PN.Cbn is by filing a lawsuit with the Court. In this decision, the Plaintiff or buyer asked the Cirebon District Court so that the decision can be used to take the KPR house certificate that is still under the control of the Bank and carry out the name change process. In his decision, the judge stated that the KPR house purchased by the plaintiff was valid and had permanent legal force. The judge also stated that the buyer was a buyer in good faith for the object of the dispute. One of the principles in a sale and purchase agreement is that buyers in good faith must always be protected.]]>
<![CDATA[Notary's Authority in Making Deeds Related to the Takeover of Collateral (AYDA) as an Alternative for Resolving Bad Credit ]]>
<![CDATA[Agustina, Saptarina Dian]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![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.v5i4.34258
<![CDATA[This research aims to analyze: 1) The authority of notaries in the Notary Position Law (UUJN) regarding the making of collateral takeover deeds (AYDA) as an alternative for resolving bad credit. 2) Procedures that must be followed by notaries in assisting in resolving bad debts through AYDA. The approach used in this research is the statutory approach. This type of research is 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 are concluded: 1) The authority of a notary in the Notary Position Law (UUJN) is related to making a collateral takeover deed (AYDA) as an alternative for resolving bad credit, namely making authentic deeds to transfer collateral belonging to customers who receive facilities. The bank must legally have a legal basis for the transfer of collateral. The deeds made by the Notary in the implementation of AYDA are the Deed of Sale and Purchase Agreement, the Deed of Authorization to Sell, and the Deed of Settlement Agreement for problematic financing with the voluntary delivery of collateral. Notaries also play a role in the process of changing the name of collateral, PPJB, and matters relating to Mortgage Rights (SKMHT and APHT), carrying out the roya process for objects to be mortgaged at the National Land Agency, to ensure that the collateral objects are not bound by any agreement. For the process of selling collateral through an auction at the State Property and Auction Services Office, hereinafter referred to as KPKNL, the notary acts as a Class II Auction Officer as the official who makes the Deed of Auction Minutes. In connection with the implementation of AYDA in banking, of course there is still a need for a notary as an official who has the authority to make authentic deeds as per their authority in Article 15 UUJN. 2) The procedures that must be followed by notaries in assisting in resolving bad debts through AYDA are examining documents and information, verifying ownership and authority, coordinating between related parties, preparing legal deeds, registering and archiving documents and providing legal certainty. Notaries have the responsibility to ensure that the process of resolving bad debts and making deeds occurs in accordance with applicable law. This includes ensuring the validity of documents and clarity of the legal processes involved.]]>
<![CDATA[The Effectiveness of Electronic Land Title Certificate Checking Services in Helping PPAT Perform Their Job Duties ]]>
<![CDATA[Wahid, Muhammad Luqman]]>
<![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.v5i4.34251
<![CDATA[This research aims to determine and analyze the effectiveness of the implementation of electronic certificate checking services for the PPAT of Sragen Regency, and to find out the constraints and obstacles experienced by the PPAT and to find out the legal strength of the electronic checking results as a basis for making deeds for the PPAT. The research approach used in this thesis is an empirical or juridical legal research method. This research specification uses empirical juridical research methods or field research. The types of data used in this research are primary data and secondary data. The data analysis method is by collecting research materials and then analyzing them using description techniques. The results of the research show that the effectiveness of the certificate checking service for PPAT Sragen Regency in assisting their duties and positions is currently not fully effective because there are still several obstacles and obstacles. The results of checking the certificate electronically have legal force and are valid evidence in accordance with the procedural law in force in Indonesia.]]>
<![CDATA[Notary's Responsibility in Carrying Out Official Secrecy Regarding the Contents of Deeds in Blora Regency ]]>
<![CDATA[Azizah, Siti Nurul]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i1.35955
<![CDATA[One of the very noble legal professions (officium nobile) is the Notary profession, it is said so because of the work done by a Notary. Notaries have the authority to make deeds which are regulated in Article 15 paragraph (1), (2) and (3) UUJN. Notaries need the principle of caution in carrying out their duties, because if there is an error or negligence from the Notary in carrying out his position, it can cause legal problems for the Notary in the future. Notaries in carrying out their positions are obliged to maintain the confidentiality of all matters concerning deeds and other letters that have been made, this is regulated in Article 16 paragraph (1) letter f regarding the obligation to deny. This research was written using an empirical research method and using a qualitative approach, studied with analytical descriptive research specifications. The results of this study are that the Notary's responsibility is stated in Article 65 UUJN which explains that he is responsible for every deed he makes. The responsibility held by a notary adheres to the principle of liability based on fault of liability. The responsibility of a notary arises if there is an error made in carrying out his/her duties and the error causes a loss to the person requesting the notary's services. If the notary makes a mistake, he/she may be subject to civil, criminal and administrative sanctions. In order for a notary to be able to provide information in court, he must have the approval of the Notary Supervisory Board. This is regulated in Article 66 of the 2014 UUJN.]]>
<![CDATA[Notary's Responsibility for Making Inheritance Certificates That Do Not Involve All Heirs ]]>
<![CDATA[Susilowati, Ita Niya]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i1.35853
<![CDATA[This study aims to analyze: 1) The notary's responsibility for making a certificate of inheritance that does not involve all heirs. 2) Legal protection for the parties for making a certificate of inheritance that does not involve all heirs. The approach method used in this study is the empirical legal approach method. This type of research is analytical descriptive research. The types and sources of data in this study are primary data and secondary data obtained through interviews and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The notary's responsibility for making a certificate of inheritance that does not involve all heirs can be subject to civil liability, criminal liability, responsibility in carrying out his/her position towards the notary and responsibility for the code of ethics. The notary's responsibility in making a certificate of inheritance is seen depending on what errors are in the Deed of Inheritance made by the Notary. The responsibility of a notary is not limited to law alone, but can also be in the form of moral and ethical responsibility, so that in making a certificate of inheritance if the notary makes a mistake or takes actions that are detrimental to the parties or one of the interested parties, the notary must be morally and ethically responsible or fully responsible. 2) Legal protection for the parties for making a certificate of inheritance that does not involve all heirs is Repressive protection can be obtained by other heirs through complaints through court lawsuits, either criminal lawsuits or civil lawsuits. Legal protection for heirs in disputes over making a certificate of inheritance that does not involve all heirs, in addition to receiving repressive protection, actually also receives preventive protection. Preventive legal protection for land ownership rights holders is by registering the land.]]>
<![CDATA[Inheritance Rights for Only Adopted Children Who Are Not Legally Competent Case Study of Tangerang Court Decision ]]>
<![CDATA[Hidayatullah, Moh. Syarif]]>
<![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.v5i4.34259
<![CDATA[This research aims to determine and analyze the implementation of granting inheritance rights to single adopted children who are not legally competent based on the Judge's decision in Decision Number 640/Pdt.P/2021/PN Tng and to analyze the Judge's considerations in determining single adopted children who are not legally competent as individuals. in forgiveness. The approach method used in this research is the normative juridical method, namely the approach carried out by examining approaches to theories, concepts, and reviewing statutory regulations. The specifications of this research use analytical descriptive. The data used in this research is primary data which includes the 1945 Constitution; Law Number 2 of 2014; Law Number 35 of 2014; Government Regulation Number 54 of 2007; Civil Code, as well as secondary data containing books and other supporting documents. The data collection method in this research uses library study techniques. The data analysis method is qualitative and data is obtained descriptively. The research results show that the process of adopting a child must be carried out in accordance with certain procedures, conditions and must go through a court decision. An adopted child can inherit property from his parents through a testamentary or will. An adopted child who has limitations that make it difficult for him to take legal action or is not legally competent requires that he be appointed a guardian and designated as a person under guardianship.]]>
<![CDATA[Juridical Review of Multiple Certificate Dispute Resolution as Proof of Land Ownership RightsIn Pati Regency ]]>
<![CDATA[Prasetya, Brian Rizqi]]>
<![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.v5i4.34252
<![CDATA[Soil is very closely related to human life. Everyone certainly needs land, in fact land has such an important position for humans, that it gives rise to the desire to control and own it. This sense of wanting to own will ultimately give rise to land disputes. One of the problems is the emergence of double (overlapping) certificates. Double certificates are certificates for the same plot of land. So, one plot of land with 2 (two) or more certificates with different data. This type of research is sociological juridical law by means of a survey, namely research that takes data directly from the population using data collection tools, namely questionnaire interviews, after which the data is taken and processed to obtain conclusions using a deductive method. Meanwhile, if we look at its nature, this research is descriptive, namely research that explains in the form of clear and detailed sentences. Factors that cause double certificates include, a. Land registration map not yet available. b. BPN does not yet have a single map, c. Land/location sizes overlap. d. there is an element of fraud. Resolving Dual Certificate Issues can be done through mediation or litigation (court), and the settlement is taken by the Pati City Land Office.]]>
<![CDATA[Synergy between Land Deed Officials and the Regional Revenue Agency of Samarinda City Regarding Determination of Land and Building Sale and Purchase Transaction Values in Samarinda City ]]>
<![CDATA[Salim, Tandy Setiawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.v6i1.36076
<![CDATA[This research aims to examine and analyze the form of synergy between PPAT and the Samarinda City Bapenda Office regarding determining the value of land and building sale and purchase transactions in Samarinda City and examine and analyze the obstacles and constraints that occur in the process of implementing BPHTB collection and determination regarding sale and purchase transactions at the Office. Bapenda Kota Samarinda This research is empirical legal research, namely legal research carried out by conducting field research by looking at and observing what happens in the field, the application of these regulations in practice in society. The results of the research explain that the Land Deed Making Officer (PPAT) is obliged to ask the parties the correctness of the BPHTB tax payment, if the parties as taxpayers cannot submit proof of BPHTB tax payment, because the taxpayer does not know the BPHTB tax and does not know how to calculate the BPHTB payment. , then the Land Deed Drafting Officer (PPAT) has the authority to assist taxpayers in calculating, assist taxpayers in carrying out BPHTB Verification, and supervise BPHTB tax payments made by the taxpayer]]>
<![CDATA[The Implementation of Notary Responsibility Association in the Online Administration System ]]>
<![CDATA[Sejati, Hono]]>;
<![CDATA[Suryandari, Wieke Dewi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 1 (2023): March 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.5.1.8-19
<![CDATA[This study aims to analyze procedure for registering associations is through the online Legal Entity Administration System. 2) The role and responsibilities of a notary in carrying out the registration of associations through the online Legal Entity Administration System. The approach method in this research is a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The conclusion show the association registration procedure through the online Legal Entity Administration System is uncomplicated. 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 legal entity association 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,-. 2). The role of the notary in carrying out the registration of associations through the online legal entity administration system is to order names and register the ratification of the association to the minister through the SABH. Notaries have an important role in managing the legal entity of the Association. People who need the legal entity ratification of the Association cannot access the SABH directly but must go through a Notary who has been registered in the SABH. This is because the notary plays a role in carrying out statutory orders so that the interests of the parties do not violate the law.]]>
