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 Implementation of the Validity of Electronic Certificates ]]>
<![CDATA[Syabbani, Maulana Zakki]]>;
<![CDATA[Hasana, Dahniarti]]>
<![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.v6i1.35856
<![CDATA[The implementation of land certificate digitalization from analog certificates converted into electronic certificates is carried out in stages and using a pilot project system. The readiness of both human resources and infrastructure must truly meet the required standards. However, the process of certificate digitalization in Indonesia cannot be denied considering that one of its goals is to minimize land disputes and legal protection for land object owners. This study aims to determine the extent of the implementation of the validity of electronic certificates after the issuance of the Regulation of the Minister of ATR/BPN Number 1 of 2021 concerning Electronic Certificates in Bantul Regency. The approach method used in this thesis is empirical juridical. The specifications of this study use descriptive analysis. The type of data used in this study is primary data which includesCivil Code,Basic Agrarian Law (UUPA) Law Number 11 of 2020 concerning Job CreationRegulation of the Minister of ATR Number 1 of 2021 concerning Electronic Certificates, as well as secondary data containing books and other supporting documents. Collection of research data using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model as proposed. The results of the study show that: First, the implementation of land certificate digitalization in Indonesia is gradual. The Bantul ATR/BPN Office is still in the process of processing electronic certificates for Government Offices. Second: Each office of each ATR/BPN is expected to have prepared various aspects such as caution.]]>
<![CDATA[The Legal Position of SKMHT (Power of Attorney to Charge Mortgage Rights) in Working Capital Credit Engagements ]]>
<![CDATA[Sulistyaningrum, Ike]]>;
<![CDATA[Hadi Prayitno, Ahmad]]>
<![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.v5i4.34260
<![CDATA[A Power of Attorney to Encumber Mortgage Rights is a letter containing a power of attorney made or given by the collateral provider or business owner, in this case the debtor as the party giving the power of attorney to the creditor as the party receiving the power of attorney to represent the power of attorney in granting mortgage rights to the creditor for the business capital of the power of attorney. . This research is an Empirical Juridical research aimed at finding out and explaining the procedures for making a Power of Attorney to Charge Mortgage Rights (SKMHT) in providing business capital credit facilities at Bank Mandiri, Tegal City, to find out and explain the legal position of a Power of Attorney to Charge Mortgage Rights (SKMHT) in granting credit. business capital at Bank Mandiri Tegal City and to find out and explain the legal consequences of a Power of Attorney Imposing Mortgage Rights (SKMHT) on debtors in default at Bank Mandiri Tegal City. The research approach used in this thesis is an empirical juridical legal research method which relies on primary data (field research) and the research specifications applied in this research are analytical descriptive with a population and the sampling technique used is non-random sampling with purposive sampling. The results of this research indicate that the procedure for making a Power of Attorney to Charge Mortgage Rights (SKMHT) must be made specifically and authentically before a Notary, preceded by the signing of a credit agreement. The position or function of a Power of Attorney to Encumber Mortgage Rights (SKMHT) is as a power of attorney addressed to the holder of mortgage rights or another party to represent the person giving the mortgage rights. In the event that the debtor defaults, the recipient of the power of attorney can proceed with making a Deed of Granting Mortgage Rights so that the creditor is a preferential creditor.]]>
<![CDATA[Roles and Responsibilities of Notaries in the Establishment of Limited Liability Companies After the Implementation of Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation ]]>
<![CDATA[Setyawan, Rony]]>
<![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.v5i4.34253
<![CDATA[This research aims to analyze: 1) Provisions for establishing a Limited Liability Company according to Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation. 2) The role and responsibilities of a notary in establishing a Limited Liability Company in connection with the enactment of Law No. 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation. This type of research is normative legal research. The approach method in this research is the statutory approach. This type of data uses secondary data obtained from literature studies. The analysis in this research is prescriptive. The research results concluded: 1) Provisions for the establishment of a Limited Liability Company according to Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation, namely that the Law Maker differentiates the Establishment of a Limited Liability Company established by 2 (two) people or more with an Individual Limited Liability Company, but both types of Limited Liability Company must both have legal entity status. The difference is, a Limited Liability Company established by two or more people must be carried out with a notarial deed made in Indonesian. Meanwhile, an Individual Limited Liability Company is established based on a Statement of Establishment made in Indonesian. 2) The role of a notary in establishing a Limited Liability Company in connection with the enactment of Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation, namely making an authentic Deed in accordance with Article 109 of Law No. 6 of 2023 concerning Determination Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation which states that a Company is established by 2 (two) or more people with a notarial deed made in Indonesian. The deed created as the basis for the formation of the PT is known as the Deed of Establishment. The responsibility of a notary begins when the deed of establishment is drawn up before a notary which includes, among other things, the formulation of the aims and objectives of the company, therefore the notary is required to be as thorough as possible regarding the matters contained in the Deed of Establishment. The notary is fully responsible for the data entered and the notary is ready to accept all forms of sanctions if it is proven that the notary has violated statutory provisions.]]>
<![CDATA[The Role of Notaries in Consumer Protection in E-Commerce in the Era of Digitalization ]]>
<![CDATA[Ekaningsih, Lailasari]]>;
<![CDATA[Hutomo, Irfan Rizky]]>
<![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.v6i1.36598
<![CDATA[Electronic commerce relies on the trust of commercial entities that guarantee the security of data and the legitimacy of transactions carried out. The government has enacted Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, one of which is to regulate electronic transactions. The ITE Law defines electronic transactions as activities that use electronic devices such as computers, internet networks and other digital media. The basic principle of electronic transactions is trust. To foster trust, stakeholders must strive for protection, especially consumer protection. In electronic transactions, there is an imbalance between economic actors and consumers in terms of bargaining power, which can result in legal agreements that are detrimental to consumers. In addition, storing consumer data as big data on computing systems does not guarantee its security, which can easily be lost, which is commonly referred to as a violation of consumer privacy. Consumers also need to be protected through education on the legal aspects of electronic transactions related to transaction terms, transaction security, transaction legality and dispute resolution. In fact, consumer protection in the field of electronic transactions is not yet optimal because several laws and regulations still contain inconsistencies and do not cover all aspects of protection.]]>
<![CDATA[The Notary's Role in the Process of Making a Deed of Change in Management of CV ]]>
<![CDATA[Strenfort, Logan]]>;
<![CDATA[Victoria, Ong Argo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 5, No 3 (2023): September 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.5.3.155-164
<![CDATA[This reasearch aims to determine and analyze the role and legal position of the Notary in making a deed of change in management of a limited partnership company (CV) due to death, the legal position of the deed clauses made by a Notary in making a deed of change in management of a limited partnership company (CV) because of death. The approach method used in this research is a sociological juridical approach, meaning research carried out on the real conditions of society or the community environment with the aim and purpose of finding facts which then lead to identification and ultimately lead to problem solving. The analytical knife in this writing uses the theory of authority and the theory of legal certainty. The results of this research show that the procedure for changing the CV management company by a successor is that there must be provisions confirming the ability to continue the CV must be clearly stated in the CV's articles of association agreement, after which all deeds are registered and announced in the Supplement to the State Gazette. Legal protection must look at stages, namely legal protection is born from legal provisions and legal regulations provided by society. Basically, legal regulations are a community agreement to regulate behavioral relationships between members of society and between individuals and the government which is considered to represent the interests of society. In general, protection means protecting something from dangerous things, something that could be interests or objects or items. Apart from that, protection also means protection given by someone to someone who is weaker.]]>
<![CDATA[Legal Certainty of Inheritance for Children Born Out of Wedlock Who Are Recognized as Legitimate by Their Biological Parents ]]>
<![CDATA[Putri, Quine Khadra Merdeka]]>
<![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.v6i1.35857
<![CDATA[The birth of a child out of wedlock has a large and broad impact, namely whether or not to receive an inheritance, therefore it must receive legal protection in order to obtain clarity regarding the position and distribution of the inheritance. The purpose of this study is to analyze: 1). The legal status of obtaining inheritance rights for illegitimate children who receive legal recognition from their biological parents. 2). Legal protection for obtaining inheritance rights for illegitimate children who receive legal recognition from their biological parents. The approach method used in this study is normative juridical and supported by empirical juridical. The research specification used is descriptive analytical. The type of data uses primary data obtained through literature studies. The data analysis method used in this study is descriptive analysis. The results of the study concluded: 1). The Legal Status of an Illegitimate Child who receives legal recognition from his biological parents to obtain inheritance rights is to continue to receive the right to inherit, an illegitimate child who is recognized is entitled to a will grant as long as the grant does not harm other heirs and is in accordance with the provisions stipulated by the Law. Wirjono Prodjodikoro said that if an illegitimate child wants to receive legal recognition from his biological father, it must be based on the recognition and determination of the court. After receiving recognition and determination from the court, the illegitimate child has a civil relationship with his biological father and becomes an erfgenaam or legal heir according to law and statute and is entitled to receive inheritance from his biological father. 2). Legal Protection for Illegitimate Children who receive recognition from their biological parents to obtain inheritance rights is after the Constitutional Court (MK) Decision Number 46/PUU-VIII/2010, the heir has the right to file a lawsuit to the court to obtain his inheritance, of course it must be accompanied by concrete evidence that confirms having a blood relationship with the deceased testator. For example, a DNA test letter from a Forensic Doctor and a court decision that confirms the DNA test letter. ]]>
<![CDATA[Position of Credit Agreement in the Provision of Credit Facilities at a Banking Institution ]]>
<![CDATA[Sampurna, Asbit Iman]]>
<![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.v6i1.35850
<![CDATA[This study aims to determine the position of the credit agreement in the implementation of the provision of credit facilities at a banking institution, in addition to determining the legal consequences that will occur if the requirements of the credit agreement are not met. The method used in this study uses the normative legal approach method, namely an approach based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this study. This approach is also known as the literature approach method. The results of this study indicate that, first: the position of the credit agreement in the credit granting process is very important. Second: in order to provide legal protection for the parties, both creditors and debtors, the credit agreement must be implemented in accordance with applicable requirements.]]>
<![CDATA[Obligations of Notaries in Providing Free Legal Services to People Who Are Poor ]]>
<![CDATA[Yustisianto, Dwi]]>;
<![CDATA[Hafidz, Jawade]]>
<![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.v5i4.34256
<![CDATA[This research aims to analyze: 1) Notaries' obligations to provide free legal services to people who cannot afford it. 2) Legal sanctions for notaries who refuse to provide free legal services to people who cannot afford it.The approach method used in this research is a qualitative approach. This type of research falls within the scope of sociological juridical research. The types and sources of data in this research are primary and secondary data obtained through interviews and literature study. The analysis in this research is descriptive qualitative. The results of the research concluded: 1) The obligation of a notary to provide free legal services to people who cannot afford it is contained in Article 37 paragraph (1) UUJN, that notaries are obliged to provide legal services in the field of notarial services free of charge to people who cannot afford it. This article shows that people who cannot afford it can be given free notary services. The obligation of notaries to provide free legal services to poor people in Article 37 paragraph (1) UUJN gives hope that poor people can still get services from notaries. However, this norm is vague and unclear, this is because there is no clear explanation of the meaning of this article, and there are no other regulations that explain this matter. Providing free legal services in the notarial field from the Notary is based on confidence because there is an assumption that initially arises based on the Notary's assessment regarding the appearance and legal services required by clients who come to him, so that from that assessment the Notary can make a decision to provide services free legal services. And the client's candor towards the Notary is due to the honesty conveyed by the client regarding his inability to pay the honorarium for the legal services he requires. 2) Legal sanctions for notaries who refuse to provide free legal services to people who cannot afford them include sanctions such as verbal warnings, written warnings, temporary suspension, respectful dismissal, dishonorable and respectful dismissal. Sanctions are a form of government action, so that Notaries carry out Article 37 (1) UUJN in accordance with applicable regulations.]]>
<![CDATA[The Effectiveness of Demak Regency Spatial Planning Policy through the Role of a Notary as An Official who Makes Land Deeds ]]>
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Witasari, Ariyani]]>;
<![CDATA[Listyowati, Peni Rinda]]>;
<![CDATA[Rodhiyah, Siti]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 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.v6i2.37899
<![CDATA[Demak Regency asone of the autonomous regions has authority derived from Law No. 26 of 2007 concerning Spatial Planning, the authority for spatial planning is regulated in Article 11 that: the authority of the district/city regional government in implementing spatial planning includes: a. regulation, guidance and supervision of the implementation of the planning district/city regional space and district/city strategic areas.This writing aims to find out what the Spatial and Regional Planning Policy is related to Space Utilization in Demak Regency and how effective the Spatial Utilization policy is through the role of Notaries as Officials Making Land Deeds. The method used is a sociological juridical approach, the data used is primary data and secondary data, the theory used to analyze the problem is the theory of authority and the theory of effectiveness. The research results show 1. Space utilization in Demak district, namely: 1) Land use in Demak district is rice fields (58.79%). Non-paddy agricultural land consisting of fields/gardens, ponds and community forests occupies 23.13% of the total area, while the remainder (18.08%) is used for housing, industry, trade and offices as well as other public infrastructure. 2) Regional development, one example of developing industrial designated areas as referred to in article 64 of the 2011 Demak Regency RTRW Regional Regulation. Industrial designated areas are mostly in Demak Regency with an area of approximately 7,646 ha. The largest industrial area allocation is in Sayung and Karangtengah sub-districts because it is a top priority in the National Industrial Development Master Plan. 2. The effectiveness of Spatial Planning policies in Demak Regency through the role of the notary as PPAT, carried out in procedures for making authentic deeds related to land, must go through technical considerations for the activity of issuing suitability of space utilization activities issued by the Demak Regency Land Office and Approval of Space Utilization Activities. issued by the Peran Demak district government through the One Stop Investment and Integrated Services.]]>
<![CDATA[The Mechanism for Issuing Property Rights Certificates by the Land Office based on Village Letter C (Case Study at BPN Kendal Regency) ]]>
<![CDATA[Afwan, Muhammad Bagus Satriyan]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![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.v5i4.34245
<![CDATA[The state's recognition of land rights owned by legal subjects, which gives rise to control over land, makes the State obliged to guarantee legal certainty regarding land rights by registering land and issuing certificates as proof of land ownership. Before the certificate is issued, there is proof of ownership or control of land called a Copy of Letter C/Letter C, Girik, Petuk D or Kekitir. This research aims to: 1) determine and analyze the mechanism for issuing Ownership Certificates by the Kendal Regency Land Office based on Village letter C. 2) know and analyze the legal certainty of the Certificate of Ownership Rights based on Village letter C at the Kendal Regency BPN. This research uses an empirical juridical approach, namely by examining secondary data first and then continuing by conducting research on primary data in the field. Holders of certificates of land rights according to the law in force in Indonesia will have stronger rights claims, but the problem will not be that simple, because there is definitely the potential for land disputes. The process of issuing a certificate of ownership as strong evidence of ownership of land issued by the Kendal Regency Land Office is in accordance with applicable law in Indonesia. The results of the research show that the mechanism for issuing property rights certificates by the Kendal Regency Land Office, including systematic land registration for the first time through the National Agrarian Operations Project (Prona) through stages based on the laws and regulations in force in Indonesia , however, there are many requirements for the validity of a registration application. which was manipulated and indicated that there was an unlawful act. The legal certainty of the Certificate of Ownership issued by the Kendal Regency Land Office can still be contested. Heirs who object to the issuance of the certificate can file a lawsuit with the local court. The court will decide based on evidence that convinces the judge whether there is an unlawful act in issuing the certificate or confirming the issuance of the certificate.]]>
