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Sultan Agung Notary Law Review
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 383 Documents
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Sanctions of the Notary Supervisory Board of Banten Province Against Notaries Who Do Not Provide Services in Accordance with the Notary Law Febrianto, Rohman Dwi
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35947

Abstract

This Notary Code of Ethics contains various matters related to the duties and authorities of Notaries in carrying out their profession and position as public officials. The material elements contained in this Notary Code of Ethics include obligations, prohibitions, exceptions and sanctions that will be imposed on Notaries who violate this Code of Ethics.This study aims to determine and analyze:1) To find out and analyze what kind of Notary can be said not to provide services in accordance with the provisions of the Notary Law; 2) To find out and analyze the form of Sanctions imposed by the Notary Regional Supervisory Board in Banten Province; and 3) To find out and analyze the basis for consideration of the Banten Province Regional Supervisory Board in imposing sanctions. The conclusion of the research results of the Banten Province Regional Supervisory Board imposes Sanctions on Notaries who Do Not Provide Services in Accordance with the Provisions of the Notary Law, the Notary Supervisory Board can impose sanctions on violators, the sanctions imposed on members of the Indonesian Notary Association who violate the code of ethics can be: Reprimand, Warning, Schorzing (temporary dismissal) from members of the association, Onzetting (dismissal) from members of the association, and Dishonorable Dismissal from members of the association. However, the dismissal sanction given to Notaries who violate the code of ethics is not in the form of dismissal from the notary position but dismissal from membership of the Indonesian Notary Association.
Legal Protection for Winners of Land Rights Auctions That Are the Object of Dispute in Court Cases Adhitya, Bakhtiar Satria; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35851

Abstract

This study aims to analyze: 1) Legal implications for the implementation of land rights auctions that are still the object of dispute in cases in court. 2) Legal protection for winners of land rights auctions that are the object of dispute in cases in court. The approach method used in this study is a qualitative approach. This type of research is empirical research. The types and sources of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal implications for the implementation of land rights auctions that are still the object of dispute in cases in court can include several complex aspects, namely legal uncertainty of land rights, difficulty in obtaining absolute ownership, potential financial losses, obligations to resolve potential further disputes, and the influence of court decisions. Court decisions related to auction results will greatly affect the legal certainty of auction winners, because the filing of lawsuits by other parties after the auction affects the validity of the ownership rights obtained. If the court provides clear certainty regarding land ownership to the auction winner, this will strengthen its legal certainty. However, if there is still uncertainty or disputes regarding ownership, legal certainty can continue to be questioned. 2) Legal protection for the winner of the auction of land rights that are the object of dispute in a case in court, namely: If another party files a lawsuit against the auction object, then the court decides that the auction is legally valid, then in this case the auction winner's rights to the auction object already have permanent legal force and can no longer be challenged by any party. If there is a lawsuit and then the court decides that the auction is void because there is an element of an unlawful act, then the legal protection obtained by the auction winner is to be able to claim back the purchase money for the auction object that has been paid.
Implementation of Trusted Third Party in Cyber Notary Concept in Indonesia Ganandhika, Anak Agung Bagus Ryan; Pratama, Putu Rama Ari; Putra, Made Panji Ambara; Utama, I Wayan Kartika Jaya
Sultan Agung Notary Law Review Vol 6, No 4 (2024): December 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i4.42416

Abstract

The purpose of this study is to determine the application of trusted third parties in the concept of cyber notary in Indonesia with two problems, namely the application of the concept of cyber notary and the application of trusted third parties in the concept of cyber notary increases the ease index by notaries in carrying out their duties. This study applies a method called the normative method because the legislation has regulated the concept of cyber notary. The results of this study refer to the concept of cyber notary interpreted solely as a digital transaction certificate, does not have strong legal force in Indonesia, but this cyber notary can be applied through UUJN which is regulated more deeply by being regulated in legislation.
Legal Gaps in the Implementation of the Cyber Notary Concept Based on Indonesian Civil Law Rizmi, Nurfadhilah; Syari, Irna Komala; Setianingrum, Wulan; Yusuf, Chandra
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.30028

Abstract

Implementation Cyber Notary cannot be separated from the legal system that supports it. Indonesia still uses the legal systemCivil Lawwhich originated from the Dutch era, especially in civil law. Indonesia still usesBugerlijk Wetboek Voor Indonesia (BW) in 1848 which was translated into the Civil Code (KUH Per). KUH Per regulates perfect evidence as an authentic deed. This authentic deed is made based on the provisions in KUH Per. Then the lack of regulation regarding public officials which made it stated in Law Number: 2 of 2014 concerning Amendments to Law Number: 30 of 2004 concerning the Position of Notary (UUJN). The law states aboutCyber Notaryin his explanation. Further developments, the Indonesian government has not made implementing regulations. In this study, the author aims to discussthe need to develop the concept of notary into a broader conceptdraftCyber Notarywhat is meant in the explanation of Article 15 paragraph (3) UUJN is connected to the conceptInternational Union of Notaries(UINL) in 1994 in a Civil Law country. In the discussion, the importance of the conceptCyber Notaryis related to the application of the conceptCyber Notaryin Indonesia whichsupporting the goals of the ASEAN Economic Communityand AFTA. So far, Indonesia still follows the concept of authentic deeds regulated in the Civil Code, even though the UUJN has mentioned aboutCyber Notary. This study uses a normative approach, which includes conceptual and legislative approaches. The urgency of implementing the conceptCyber Notaryin the digital era andSociety5.0 in Indonesia needs to be applied immediately. Following the global development of the ASEAN Economic Community, as well as the obligations as a memberUINL since the Indonesian Notary Association (INI) officially joined as the 66th UINL member on May 30, 1997 in Santo Domingo, Dominica. So the author sees that it is very urgent for the Implementation of Cyber Notary to be implemented in Indonesia to support the goals of the MEA and Embody the UINL Conventions as a country with a Civil Law system. In conclusion, Indonesia must follow the development of the Cyber Notary concept from countries bound by UINL so that Indonesia is not left behind in world developments.
Duties and Authorities of the Sub-district Head as Temporary PPAT in Making Deeds Concerning Land (Study in Batang Regency) Pratama, Aditya Nur
Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i2.42427

Abstract

Duties and authorities of the sub-district head as a temporary PPAT in making land deeds (study in Batang Regency) Land Deed Making Officers (PPAT) Notaries in Batang Regency have not yet reached sub-districts far from the city, this is a problem considering the vastness and spread of these areas. Therefore, in order to achieve equal legal certainty in the agrarian sector, especially land registration, once again the role of the sub-district head is still very much needed. The following problems arise: 1) Why are there no Sub-district Heads in Batang Regency who are Temporary PPATs?, 2) What is the role of the Sub-district Head who is appointed as Temporary PPAT in the Land Registration process in Batang Regency, Central Java?, 3) What are the obstacles faced by the Sub-district Head as a Temporary Land Deed Making Officer in the Land Registration Process in Batang Regency, Central Java? The objectives to be achieved from this study are: 1) To find out the reasons or factors that cause all Sub-district Heads in the Batang Regency, Central Java, not to become Temporary PPATs. 2) To find out what the roles of the Sub-district Head as a Temporary PPAT official are in the Land Registration Process in Batang Regency, Central Java. 2) To find out and examine the obstacles faced by the Sub-district Head in his role as a Temporary PPAT official in the Land Registration process in Batang Regency, Central Java. The results of the research and discussion on the implementation can be concluded: 1) The implementation of the duties and authority of the sub-district head as a Temporary PPAT in making land deeds in Batang Regency is carried out in accordance with the provisions of applicable laws and regulations, 2) Several obstacles faced by the Sub-district Head as a Temporary PPAT related to the implementation of duties and authority in making land deeds, 3) Efforts made by the Sub-district Head as a Temporary PPAT in overcoming obstacles faced during the implementation of duties and authority in making land deeds.
Problems of Implementing Cyber Notary in Notarial Deeds in Indonesia Jamus, Mohammad; Budi, Grimaldi Setia; Sari, Dian Rosita; Parmitasari, Indah
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42422

Abstract

This article reviews the implementation of Cyber Notary in Indonesia. Cyber Notary is a concept that integrates the authority of a Notary with information technology. The use of technology in notarial services in Indonesia has not been optimized. Article 15 paragraph (3) of Law Number 2 of 2014, which amends Law Number 30 of 2004 concerning the Position of Notary, stipulates that Cyber Notary only applies to the certification of transactions between a notary and the relevant party, without covering the authority of a Notary as a whole. A Notary is a public official who has a role in carrying out legal acts in accordance with Law Number 2 of 2014 concerning the Position of Notary. Notaries adapt and follow the changing times to carry out their positions, the goal is for Notaries to be able and able to face global challenges and competition. Cyber Notary can facilitate and accelerate the performance of Notaries in the future. The use of an electronic digital system in Cyber Notary is expected to make better and more effective changes in the world of Notaries. Regarding the authority of Notaries to make deeds electronically, it is clearly an obstacle for Notaries. Despite its problems, Cyber Notary certainly has opportunities that can be used in Indonesia. To improve the quality of public services with technology in the notary field effectively and better, rapid improvements in the quality of technology are needed in this digital era. Therefore, the author recommends the adoption of the Cyber Notary concept in changing notary law. However, Indonesia has not been able to fully adopt this concept due to differences in authority and verification systems between common law countries and civil law systems in Indonesia. In addition, effective regulatory changes are needed in the process of changing notary law because there are still many regulations governing the authority of Notaries.
Legal Review of the Use of Smart Contracts in Cyber Notary Services with Blockchain Security Based on the Perspective of UUJN and UU ITE Sari, Novita; Kahar, Sarifa Amina; Fahreza, Zumali; Rishan, Idul
Sultan Agung Notary Law Review Vol 6, No 4 (2024): December 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i4.42417

Abstract

This study examines the application of smart contracts in cyber notary services in Indonesia that use blockchain security and then conducts an in-depth analysis of regulations that accommodate their relationship with UUJN and UU ITE. The concept of smart contracts is based on the need for fast, cheap, objective, real-time and online exchange of goods and services, so that it is widely used in electronic transactions. Basically, electronic contracts are the same as contracts in general, the only difference is that electronic contracts are made through an electronic system while conventional contracts are made directly in oral or written form, as well as smart contracts that are present through an electronic program in the field of contracts based on the principle of freedom of contract regulated in the third book of the Civil Code, and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions or the ITE Law, in addition to its implementation regulated in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions or PP PSTE and Government Regulation Number 80 of 2019 concerning Trade through electronic systems hereinafter referred to as PP PMSE. Smart Contract technology with blockchain security is undeniably used in the notary profession, where the notary's authority is stated in Article 15 of the Notary Law that the notary is authorized to make authentic deeds, but there are problems in implementing smart contracts in making authentic deeds with blockchain security, namely in the legal certainty regarding the validity and strength of the authentic deed. So that regulations are needed that regulate the application of smart contracts in making authentic deeds with blockchain security in cyber notary services and adequate technology and regulations are needed to support this smart contract service.
Cyber Notary Problems in Legal Reform in Indonesia Sujiati, Ani Eva; Ifana, Visca Aliya; Ahimsya, Moh Galih Raka Siwi; Listyawati, Peni Rinda
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.31772

Abstract

Cyber notary is a concept of using digital technology that is expected to bring great benefits to the legal system and society in Indonesia. Along with the development of digital technology, this concept is proposed as a solution to improve efficiency and security in notary services. Cyber notary allows the process of document validation and electronic signing to be carried out online, utilizing technologies such as blockchain and digital signatures. However, its implementation still faces various challenges. One of the main problems is the lack of comprehensive and specific regulations governing the use of digital technology in notary practice. In addition, concerns about the security and privacy of electronic data are serious obstacles. Cyber attacks and the risk of forgery of electronic documents require a stronger and more sophisticated security mechanism. In addition, in remote areas that still experience limited internet access. The lack of understanding and technical expertise among notaries who are tech-savvy also hinders the adoption of cyber notary. These factors emphasize the need for increased capacity and training for notaries to adapt digital technology in cyber notary practice. This study uses normative legal research with a legislative approach(statute approach) that examines regulations and laws relating to legal issues regarding cyber notary. This study examines the implementation and challenges faced in implementing the concept of "cyber notary" in Indonesia, the things that are considered are the need for revision and development of more specific regulations as well as collaborative efforts between the government, technology providers, and notary associations to overcome these challenges. It can be concluded that with the right steps and government support both in terms of policy and technology, the implementation of cyber notary in Indonesia can increase efficiency and trust in notary services in the digital era.
Legality of Credit Agreements with Fiduciary Guarantees made with Artificial Intelligence (AI) Hanim, Lathifah; Rinda Listyawati, Peni; Noorman, MS
Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i2.42429

Abstract

Fiduciary Guarantee before being used as collateral in a credit agreement, it is mandatory to register the fiduciary first. Electronic fiduciary registration still has problems including network disruptions, system errors and is vulnerable to cyber attacks. Smart contract integration with electronic fiduciary guarantee registration can be a solution to these problems. Smart contract as a form of artificial intelligence / Artificial Intelligence (AI). The purpose of this study is to analyze the legality of credit agreements with fiduciary guarantees made with Artificial Intelligence (AI). The type of research used is empirical legal research, supported by primary and secondary data. The results of the research are that Smart contract is a computer program that can make agreements automatically with the blockchain system.AI is generally viewed as a legal object, not a legal subject. This is because AI is a tool or device used by humans to achieve certain goals. The requirements for the validity of an agreement (including a credit agreement with fiduciary guarantee) remain based on Article 1320 of the Civil Code.
The Development of Technology and Information and Its Impact on Notarial Practice in Relation to Legal Certainty Desintha, Pande Ketut Natalia; Khoirunnisa, Nabila; Vania, Elsya; Effendy, Edrick Edwardina
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42423

Abstract

The development in the current digital era has certainly brought significant changes in various aspects of life, including in notary practice. Therefore, this journal discusses the impact of technology and information on notary practice, with a focus on the aspect of legal certainty related to the concept of Cyber Notary. While there are still concerns in the practical and ethical aspects of implementing Full Cyber Notary in Indonesia, thereforeThrough legal analysis and literature study, this journal highlightsvarious problems of implementing Cyber Notary in Indonesia based on ethical and practical aspects such as the non-accommodation of Cyber Notary in laws and regulations, especially the Notary Law and the unpreparedness of the Cyber Notary implementation system including human resources and uneven distribution of infrastructure. Therefore, the Author Team provides a solution mechanism, namely the Cyber Notary practice method that reconciles laws and regulations related to Notaries in Indonesia reviewed based on progressive law. The Author Team provides a resolution mechanism with the implementation of Cyber Notary in a hybrid manner, which is a combination of current notary practices, namely conventionally with digital implementation, this is as the concept of progressive law which states that there are always weaknesses in the dynamics of law, as we know that existing laws will certainly always change and develop in society along with the social dynamics that occur. In implementing this hybrid system, it is important to adjust the laws related to Cyber Notary to the work area, the person appearing and reading the deed, signing to storing the deed, in addition, related parties such as the Indonesian Notary Association (INI) are also needed in the training and certification process specifically for notaries who will carry out Cyber Notary. Because in the context of implementing Cyber Notary, it is necessary to adjust the laws and regulations in order to provide legal certainty for Notaries and ensure the legality and authentication of electronic deeds are equivalent to conventional deeds, so that there is no overlap or ambiguity related to Cyber Notary in the formation or storage of an authentic deed.

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