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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 375 Documents
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Legal Protection of Notaries in Executing Their Office in the Digital Era Nur Kusumah, Rizqa; Hanim, Lathifah
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
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.7.4.351-358

Abstract

This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights Satria Linanda, Ivan Rizal; Arifullah, Achmad
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
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.7.3.293-306

Abstract

This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Analysis of the Role of Notaries in Changing a Sole Proprietorship (PT) to a Regular Limited Liability Company (PT) Nuryana, Nuryana; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
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.7.3.219-232

Abstract

This study aims to analyze: 1)The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). 2). The responsibility of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). This type of research falls within the scope of normative legal research. The approach method in this research is the statute approach. The type of data in this research is secondary data. Secondary data sources consist of primary, secondary, and tertiary legal materials. The data collection method in this research is using library techniques (document study). The analysis in this research is prescriptive. The results of the research conclude: 1). The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT) is the implementation of the attribution authority granted by the state as regulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). In its implementation, a notary is authorized to make an authentic deed as a legal basis for changing the status of a legal entity, adjusting the articles of association in accordance with Law Number 40 of 2007 concerning Limited Liability Companies, and ensuring that the legal provisions for establishment are met as stipulated in Article 7 paragraph (1) of the PT Law. The notary also plays a role in verifying the data and documents of the parties, preparing a Deed of Statement of Change of Status, and submitting the ratification of the change through the Legal Entity Administration System (SABH) at the Ministry of Law and Human Rights. In addition to being an official who makes the deed, the notary acts as a legal advisor who ensures that the entire process of changing the legal entity runs according to procedure, based on the principle of legal certainty (rechtszekerheid) and orderly administration, so that the resulting deed has binding legal force and protects the legal interests of the parties. 2) The notary's responsibilities in changing an Individual PT into an Ordinary PT include administrative, civil, criminal and ethical aspects, as stipulated in statutory regulations. Notaries are responsible administratively under Article 85 of the UUJN, civilly under Article 1365 of the Indonesian Civil Code, and criminally under Article 266 of the Indonesian Criminal Code, and are required to comply with the Notary Code of Ethics (INI). Legally, these responsibilities reflect the principles of accountability and legal certainty (rechtszekerheid) so that the deeds they create have valid legal force and protect the rights of the parties.
The Effectiveness of Using BPN's Land Check Application to Avoid Misuse of Sea Fence Certificates in Indonesia Hakim, Lukmanul
Sultan Agung Notary Law Review Vol 7, No 2 (2025): June 2025
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.7.2.153-164

Abstract

One of the institutions that has a close relationship with land is the National Land Agency (BPN) which is regulated in Government Regulation No. 10 of 2006 concerning the National Land Agency. It is explained in Article 1 paragraph 1 of PP No. 10 of 2006 that the National Land Agency is a Non-Departmental Government Institution that is under and responsible to the president. Furthermore, in Article 2 of PP No. 10 of 2006 it is stated that the National Land Agency has the task of carrying out government duties in the land sector nationally, regionally and sectorally. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency continues to make various breakthroughs and innovations by utilizing information and communication technology. One of the innovations that has been implemented is the Electronic Certificate Checking Service. The Electronic Certificate Checking Service is one form of innovation in improving services in the land sector so that BPN services become effective, efficient, transparent, and inexpensive. In Indonesia, constitutionally, land issues as the surface of the earth are regulated in Article 33 paragraph (3) of the 1945 Constitution, which reads: "The land and water and the natural resources contained therein are controlled by the State and used for the greatest prosperity of the people". The research method used in this study is doctrinal legal research, which uses a juridical-normative approach in discussing legal norms. The doctrinal legal research method is carried out by involving the study of existing legal materials such as laws and regulations under them, jurisprudence, and existing legal concepts. This research focuses on the analysis, interpretation, and synthesis of law to answer legal questions or develop a legal theory.
Implementation of Supervision of Notaries Who Violate the Notaries Code of Ethics in the Form of Promoting Positions Through Electronic Media in Tegal Regency Wulan Dhari Asriningrum, Tri; Ma'ruf, Umar
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
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.7.4.359-367

Abstract

As public officials, notaries hold a distinguished position (officium nobile) and are therefore obligated to uphold the integrity and dignity of their profession. However, developments in information technology and social media have given rise to self-promotion practices that violate the Notary Code of Ethics. This study aims to analyze the implementation of supervision of notaries who violate the code of ethics by promoting their positions through electronic media in Tegal Regency. The research method used is a sociological juridical approach with data collection techniques through interviews with the Regional Notary Supervisory Board of Tegal Regency and literature studies. The research results indicate that supervision is carried out through a mechanism of examining public reports, clarifying the situation with the notary concerned, and imposing sanctions ranging from written warnings to temporary dismissal from professional organizations. Obstacles faced include a lack of awareness among notaries regarding the ethical boundaries of electronic media use and weak preventive oversight. Supervision of notaries who violate the code of ethics through electronic media in Tegal Regency has been ongoing, but is not yet optimal. Increased dissemination of the code of ethics, strengthening the role of the Notary Honorary Council, and stricter regulations regarding notaries' use of social media are needed.
Cancellation of Grant Deeds Made Before The Sub-District Head as the Official Officer of Temporary Land Deeds (Case Study of Decision No. 0200/Pdt.G/2019/PA.Pkj) Fatkhul Bari, Ahmad
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
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.7.4.307-316

Abstract

This research aims to analyze the judge's consideration of the cancellation of a grant deed made by the Subdistrict Head as the Temporary Land Deed Making Officer, and the resulting legal consequences based on Decision No.0200/Pdt.G/2019/PA.Pkj as well as examples of grant deeds made before the Subdistrict Head as the Temporary Land Deed Making Official. The method used in this research is a normative legal research method. The approach employed is qualitative. The data types and sources used are primary and secondary data. The data analysis method used in this research is prescriptive. From the results of this study are: Judge's Consideration Regarding the Cancellation of the Deed of Grant in the case of Decision No.0200/Pdt.G/2019/PA.Pkj the panel of judges who decided the cancellation of the grant based the reason for their decision that the cancellation of the grant based on the deed of grant number 222 j/BR/PK/XI/2007 dated November 23, 2007, was legally flawed, because it was not signed and/or fingerprinted/thumbprinted by the HUSBAND OF DEFENDANT 2 as the grantor. The legal consequences of the cancellation of the Deed of Grant by the Pangkajene Religious Court stated that the deed of grant was void and had no legal force and had fulfilled the provisions of Article 1688 of the Civil Code.
Legal Protection of Women's Rights in the Division of Joint Assets Due to Divorce Watiah, Watiah; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
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.7.3.233-245

Abstract

This study aims to analyze: 1)The status of joint property between husband and wife after divorce. 2) Forms of legal protection for women's rights in the division of joint property after divorce. This type of research is normative legal research. The approach method in this research is a statute approach. The type of data in this study is secondary data sourced from primary, secondary, and tertiary legal materials. The data collection method uses library techniques (document study). The analysis in this study is prescriptive. The results of the study conclude: 1) The status of joint assets between husband and wife after divorce remains legally recognized as joint property until a legal division is carried out according to statutory provisions. This division is basically carried out in a balanced manner (½:½) as stipulated in Article 97 of the Compilation of Islamic Law and Article 128 of the Civil Code, but the judge has the authority to assess substantive justice based on the contribution of each party. Theoretically, this principle is in line with Gustav Radbruch's Theory of Justice which places justice as the highest legal value, and is in line with the values of Pancasila justice and Islamic justice which emphasize balance, welfare, and humanity. 2) Forms of legal protection for women's rights in the division of joint assets after divorce include preventive protection and repressive protection. Preventive protection is realized through a marriage agreement, the obligation of joint agreement in the management of joint assets, as well as recording and monitoring assets to prevent unilateral control. Repressive protection is provided through the woman's right to file a lawsuit for the division of joint property, demand the annulment of unilateral legal acts, and acknowledge the wife's non-material contributions, as stipulated in PERMA Number 3 of 2017 and affirmed in several Supreme Court decisions. Support from various regulations such as Law Number 7 of 1984 concerning the Ratification of CEDAW, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence further strengthens the guarantee of women's economic rights after divorce.
Kebijakan KUHP terhadap Kasus Korupsi 271 Triliun Akbar, Maoelana
Sultan Agung Notary Law Review Vol 7, No 2 (2025): June 2025
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.7.2.165-172

Abstract

Artikel ini membahas tentang bagaimana lemahnya sistem hukum di indonesia terutama pada pembahasan kita kali ini yakni tindak pidana korupsi. Dalam artikel ini, kita akan membahas pengertian korupsi, apa peran KUHP dalam menindak tindakan pidana korupsi, dan bagaimana cara mengatasi korupsi di indonesia.
Legal Impact of the Division of Joint Rights to Land on the Obligation To Pay Land and Building Rights Acquisition Fees (Bphtb) Widya Anugrah, Valentin; Purnawan, Amin
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
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.7.4.368-380

Abstract

The Deed of Joint Ownership Distribution (APHB) in relation to the obligation to pay the Duty on the Acquisition of Land and Building Rights (BPHTB) is a crucial issue in Indonesia's land and taxation law practice. Juridically, the APHB is declarative in nature because it merely confirms the division of jointly owned property without creating new ownership rights. However, in practice, regional governments interpret the APHB differently when determining whether it is subject to BPHTB or not. This inconsistency has created legal uncertainty and inequality among citizens, as the tax burden imposed is often disproportionate to the legal benefits received. Therefore, a clear and harmonized legal framework is necessary to ensure that the application of BPHTB to APHB is consistent with the principles of legal certainty and justice. This research employs a normative legal research method using the statutory approach, conceptual approach, and case approach. The legal materials used consist of primary legal materials such as statutory regulations and court decisions, secondary legal materials such as literature and academic journals, and tertiary legal materials such as legal dictionaries. The data were analyzed descriptively and analytically by applying two main theories as analytical tools, namely Gustav Radbruch's Theory of Legal Certainty and Aristotle's Theory of Justice. The study reveals that an APHB without compensation does not create a new legal right and therefore should not be subject to BPHTB, whereas an APHB involving compensation constitutes a new legal acquisition and is thus taxable, as affirmed by the contitutional court No. 117/PUU-XXI/2023. However, the absence of explicit regulation in Law No. 28 of 2009 on Regional Taxes and Levies has led to disharmony and inconsistent implementation among regions. Based on Radbruch's theory, this situation indicates a lack of legal certainty; while from Aristotle's perspective, the imposition of BPHTB without any economic gain violates the principle of distributive justice. Therefore, harmonization between the Ministry of Finance and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is urgently needed to ensure fair, proportional, and consistent legal enforcement that provides both justice and certainty for society.
Legal Implications of Overlapping Property Rights Certificates (Case Study of State Administrative Decision Number: 83/G/2023/PTUN.SMG) Ajeng Wulandari, Cynthia; Arifulloh, Achmad
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
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.7.4.317-328

Abstract

Overlapping land title certificates is a common problem in the Indonesian land system. Overlapping certificates arise when more than one certificate is issued for the same plot of land due to administrative errors or inconsistencies in physical and legal data. This problem indicates legal uncertainty regarding land ownership. This study aims to analyze the legal implications of overlapping land title certificates based on Decision Number 83/G/2023/PTUN.SMG. The research method used is a descriptive analytical legal case study approach. This approach is used to analyze in depth a case that has permanent legal force, namely Decision Number 83/G/2023/PTUN.SMG, to see how judges apply legal norms, interpret related provisions, and consider legal facts in resolving disputes over overlapping land title certificates. The theories used in this study are the theory of legal certainty and the theory of legal evidence. The results of this study indicate that the problem of overlapping land title certificates is still widespread in Indonesia. This situation raises doubts about the validity of ownership and often leads to legal disputes. Therefore, strengthening the land registration system, improving the accuracy of the land database, and harmonizing regulations and administrative oversight are necessary to ensure optimal legal certainty and protection of land rights.

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