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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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PPAT'S Responsibilities in Preparing a Deed of Mortgage Rights That is Cancelled By a Court Decision (Study Decision No. 136/Pdt.G/2019 PN Ckr) Putri, Della Noviana; Wahyudi, Trubus
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.7.3.246-258

Abstract

Land Deed Officials, as public officials, are authorized to issue authentic deeds related to legal acts on land, including APHTs, which are crucial for granting mortgages to secure loans. However, courts often revoke APHTs, as in decision 136/Pdt.G/2019/PN Ckr, due to negligence on the part of Land Deed Officials (PPATs) in examining land documents or status, leading to legal uncertainty and losses for creditors. Therefore, a review of the authority and responsibilities of PPATs in issuing APHTs that have been revoked by the court is necessary to strengthen legal certainty and protection for the parties. This research uses a normative (doctrinal) legal method that focuses on the study of written or secondary legal materials. The approaches employed include a statutory approach to analyze applicable legal provisions, a conceptual approach to understand legal doctrine and principles, and a case approach to examine court decisions regarding the annulment of APHTs to examine the judge's considerations and their legal implications. The research results show that the Land Deed Making Officer (PPAT) is a public official authorized to make authentic deeds, including the Deed of Granting Mortgage Rights (APHT), to ensure legal certainty for creditors and debtors. In making APHT, PPAT is obliged to check the validity of the certificate, ensure the identity of the parties, the value of the mortgage, and the object of the mortgage right according to legal requirements, maintain independence and professionalism, make a valid authentic deed, and register the deed on time with the land office. By working carefully and meticulously, PPAT prevents legal defects, disputes, and the risk of administrative, civil, and criminal liability.
Lineage Status and Inheritance Rights of Children from Interfaith Marriages According to the Compilation of Islamic Law (KHI) Afrianto, Afrianto
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.7.3.173-190

Abstract

Marriage, lineage, and inheritance law are three interrelated things in human life, because marriage is one of the causes of obtaining lineage and inheritance. From the marriage, lineage can be created and mutual inheritance between husband and wife as well as children and parents. However, it is different if an interfaith marriage occurs, because religious differences are one of the factors that hinder lineage and inheritance. The purpose of this study is to determine and analyze: 1) The legal status of interfaith marriage according to the Compilation of Islamic Law; 2) The lineage status of children born from interfaith marriages according to the Compilation of Islamic Law; 3) Heirs of children from interfaith marriages according to the Compilation of Islamic Law. The research method in this study uses a statutory approach, thus this study is included in the category of normative legal research. The legal materials used are qualitative, consisting of primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature, doctrines, and other scientific works. The collection of legal materials was carried out through library research, while the analysis technique used is qualitative descriptive analysis to provide a systematic description of the legal norms being studied. The research results concluded: 1)The legal status of children in interfaith marriages creates legal uncertainty, both according to Indonesian positive law and Islamic law. In the national legal system, the validity of the marriage is the basis for determining whether a child is legitimate or not. Because interfaith marriages are not recognized according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, then legally children born from such marriages cannot be categorized as legitimate children in the context of Islamic law; 2) From the perspective of Islamic law as stipulated in the Compilation of Islamic Law (KHI), children resulting from a marriage between a Muslim man and a non-Muslim woman do not have a lineage relationship with their father. This is based on the principle that interfaith marriages are invalid in Islam, so they do not give rise to civil legal consequences in the form of determining lineage. Thus, the child's lineage can only be traced to the mother, as regulated in Article 100 of the KHI which emphasizes that illegitimate children only have a lineage relationship with their mother and their mother's family; 3) The implications for inheritance rights cannot be ignored. Because there is no blood relationship between a child and their father in an interfaith marriage, there is no inheritance relationship between them. This is in line with Article 171 letter c and Article 186 of the Compilation of Islamic Law, which states that inheritance only occurs between Muslims and those related by blood or by a valid marriage. Therefore, children of an interfaith marriage are not entitled to inherit from their Muslim father, and vice versa, except through a grant or mandatory will within certain limits.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery Sahroni Sofyan, Yusuf; Hafidz, Jawade
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.7.4.381-392

Abstract

This study aims to analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
Legal Implications of Notary's Responsibility for Unlawful Acts in The Making of Authentic Deeds Purwanti, Indah; Suwondo, Denny
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.7.4.329-337

Abstract

Notaries as public officials are legally authorized to provide public services to the community, especially in the preparation of valid deeds that serve as flawless evidence. Article 1868 of the Civil Code stipulates that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This thesis aims to determine the legal considerations of a Notary's unlawful acts in making authentic deeds and to determine the implications of notary liability for unlawful acts in making authentic deeds (Civil Case Study No. 259/Pdt.G/2020/PN Gin). The approach method used in this research is a normative juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources, and qualitative analysis. This paper analyzes the problem with the theory of legal certainty and the theory of legal responsibility. Based on the research results in this study, the Gianyar District Court delegation Number 259/Pdt.G/2020/PN Gin emphasized that notaries as public officials have full responsibility for the accuracy of the form and content of the deeds they make. In this case, the notary was deemed negligent because he made several deeds used to legalize the "borrowed name" agreement between a foreign citizen and an Indonesian citizen, which is clearly prohibited by Article 26 paragraph (2) of the UUPA. Although the deed met the formal requirements, its substance was contrary to the law so that it was null and void and lost its authenticity. This negligence fulfills the elements of an unlawful act based on Article 1365 of the Civil Code and violates the obligations of office in Law Number 2 of 2014 concerning the Position of Notary. This decision emphasizes that notaries can be held accountable for civil, administrative, and criminal matters when the deeds they make cause losses and are contrary to the law. Therefore, notaries are obliged to uphold the principles of caution, honesty, and integrity to ensure that every deed is formally and substantially valid, so as to be able to realize legal certainty and justice for the community.
Optimization Of The Implementation Of Notary Responsibilities In Providing Social Services To Underprivate Communities In Kendal Regency Agustina, Histy Tria; Darmadi, Nanang Sri
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.7.3.259-274

Abstract

This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.
The Role of Prisons in Providing Skills to Prisoners as an Effort to Prevent Repetition of Criminal Offenses Yoseph Natiur Lumban Raja; Herlina Manullang; Melihertati Gultom
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
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.v8i1.51976

Abstract

Vocational skills in correctional institutions (Lapas) are a crucial instrument in the Indonesian correctional system, as mandated by Law No. 22 of 2022 concerning Corrections which replaces Law No. 12 of 1995. This program is designed to equip correctional inmates (WBP), especially prisoners, with practical skills in engineering, handicrafts, and laundry, in order to facilitate social reintegration, economic independence, and prevention of recidivism through holistic rehabilitation. The complex background of prison dynamics including overcapacity in Tebing Tinggi Class IIB Prison, psychological pressure, and negative labeling of the community is exacerbated by the sharp difference between life inside and outside prison, thus threatening the goal of correctional based on the principles of protection, humanity, and mutual cooperation.
Problems in the Creation of Authentic Deeds by Notaries: Formal Truth and Material Truth Sandrarina Hertanto; Tjempaka Tjempaka
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
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.v8i1.51959

Abstract

Authentic deeds have full evidentiary force, making notaries public officials who provide legal certainty to the parties. However, the establishment of truth in authentic deeds creates uncertainty between formal truth and material truth, which in reality often leads to a broader understanding of the role of notaries. The purpose of this study is to critically evaluate the conceptualization of formal truth and material truth through the lens of evidence theory, as well as to investigate the normative limits of notary authority based on Law No. 2 of 2014. This is a normative legal study with a legislative and intellectual focus. The results of the study show that the evidentiary value of authentic deeds is inherently based on formal truth, namely the conformity between the parties' statements and their recording in the deed by the notary in accordance with the applicable legal process. Meanwhile, material truth regarding the substance of legal facts is limited to the evidence submitted by the parties and the judicial system. Thus, the appointment of notaries as guarantors of material truth violates both evidence theory and professional standards. This essay emphasizes the need for a clear conceptual separation between formal truth and material truth in order to avoid distortion of notarial authority and maintain the consistency of the evidence system in civil law.
Implementation of Legislative Functions of The DPRD Asahan Regency for 2019-2024 Period from Perspective of Local Government Law in Indonesia Dean Rendienta Sembiring; Janpatar Simamora; Januari Sitohang
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
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.v8i1.51958

Abstract

This study aims to analyze the implementation of the legislative function of the Regional House of Representatives (DPRD) of Asahan Regency for the 2019–2024 period from the perspective of regional government law in Indonesia. This research employs a combined normative-empirical juridical method by examining relevant statutory regulations and field data obtained through interviews and document studies. The results indicate that the legislative function of the DPRD of Asahan Regency has been implemented in accordance with the stages of regional regulation formation, namely the planning and drafting stage, the discussion stage, and the ratification and promulgation stage. However, in practice, several obstacles remain, including the suboptimal absorption of public aspirations and insufficient research in the preparation of academic manuscripts for draft regional regulations. The variation in the number of draft regional regulations and enacted regional regulations during the 2019–2024 period reflects the dynamics and challenges in implementing the legislative function. From the perspective of regional government law, strengthening public participation, optimizing the role of the DPRD secretariat, and improving the quality of academic manuscripts are necessary to ensure that regional legal products align with good governance principles and community needs.
Legal Analysis of The Proof Strength of Visum Et Repertum in Cases of Assault Resulting in Death (Decision Number 1294/2025Pid.B/PN Mdn) Ariel Pasudeo Hutabarat; July Esther; Jusnizar Sinaga
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
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.v8i1.51975

Abstract

Criminal evidence is crucial for justice, where Visum Et Repertum as expert testimony (Article 184 paragraph 1 of the Criminal Procedure Code) proves the causal relationship between the assault and the victim's death. This case involves defendants Revan Rainsyah and Hanif who committed assault together against Fajar Marlaba Khudri on May 2, 2025 in Medan, using sharp weapons until the victim died. The research is normative, prescriptive, and analytical juridical, examining positive legal norms, court decisions, and theories such as negative wettelijk bewijsstelsel and presumption of innocence. The approach includes a statute approach (Criminal Procedure Code Articles 184-188), a case approach (analysis of decisions), and a conceptual approach (doctrine of evidence). Visum Et Repertum Number 45 / VER / V / 2025 / RS Bhayangkara (dr. Surjit Singh, Sp.FK) proves head lacerations, skull fractures, and brain hemorrhages on the victim's body, strengthening witness testimony, clues, and forming the judge's conviction. The judge fulfilled the elements of Article 354 paragraph 2 in conjunction with Article 55 paragraph 1 of the Criminal Code, imposing a sentence of 7 years and 6 months in prison for each defendant, taking into account aggravating factors (victim's death, public unrest) and mitigating factors (regret, zero recidivism).
Deconstruction of the Right to Control the State: An Analysis of Article 33 Paragraph (3) of the 1945 Constitution and Its Implications for the Politics of Indonesian Agrarian Law Umar Ma’ruf; Adhe Ismail Ananda; Cyrilius WT. Lamataro; Mario A. Lawung
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
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.v8i1.52036

Abstract

The concept of the Right to Control the State (HMN) contained in Article 33 paragraph (3) of the 1945 Constitution emphasizes the role of the state in controlling the earth, water, and natural resources for the greatest prosperity of the people. However, the interpretation of HMN in constitutional practice often raises constitutional problems, especially when the state acts more as an absolute owner than as a manager who guarantees the distribution of justice. This article aims to critically analyze the concept of HMN through a constitutional deconstruction approach to uncover the shift in meaning between normative texts and the political practice of agrarian law. Using a normative-juridical research method, this paper explores the contradiction between constitutional idealism and the political reality of agrarian law after the 1960 UUPA, especially in land policy, natural resource management, and agrarian reform programs. The results of the analysis show that Indonesia's agrarian law politics tend to be dominated by state interests and capital, thus obscuring the constitutional mandate related to the prosperity of the people. Therefore, a conceptual reconstruction of HMN is needed so that it is not only understood as the legitimacy of state control, but also as a constitutional mechanism to ensure access, equity, and sustainability of agrarian justice.

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