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Sultan Agung Notary Law Review

SANLaR
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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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Role Of Notary/Land Deed Official (PPAT) In Protection Of Sustainable Of Agricultural Land Ahmad Nur Fauzy al Arif; Widhi Handoko
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Objectives: 1) To determine the role of a Notary / Land Deed Official in the process of sustainable food agriculture land protection. 2) To find out what the barriers and solutions in the implementation of sustainable food agriculture land protection. The data used in this study are primary data, secondary and tertiary data that can menunjamg assessment, which is then analyzed with empirical juridical methods.Based on the results analasis the data concluded that: 1) in the Act No. 41 Year 2009 on Section 37 subsection (e) described the control by way of extension it is related to the role of a Notari / Officer of the Land Deed automatically as a legal consultant and educator law to the people who use the services, this is related to three (3) working on the character's first point explained that the work should reflect the goodwill that realizing the policy in this case related to the protection of agricultural land sustainable food. 2) in the implementation of sustainable food protection of agricultural land is the lack of public knowledge about the rules regarding the protection of farmland this is due to lack of information on the law related to this issue. the increasing number of population also became one of the factors inhibiting the implementation of the protection of agricultural land, the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the landowners clicking alihfungsikan land farm into plots of land and housing, and converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the land owners alihfungsikan clicking agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the land owners alihfungsikan clicking agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. alihfungsikan clicking landowners agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. alihfungsikan clicking landowners agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land.

Executorial Power on Certificate of Liability Based on Credit Agreement Agnis Nova Della
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads " For Justice Based On The Almighty God" (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.

Law Enforcement by Judge to Notary after Amendment of Notary Law Suci Harumi; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Notary is a public official who is the only one authorized to make authentic deeds regarding all required agreements and decisions by General Regulations or by interested parties it is desired to be declared in an authentic deed, guarantees the certainty of the date, keeps the deed and provides the Grosse, copy and excerpt thereof, all so long as the deed is not assigned or excluded by an official or other person by a general rule. In Republic Indonesia Act No. 2 of 2014 concerning Amendments to Act No. 30 In 2004, for the photocopy of the minuta deed and notary summons there was no longer the role of the MPD and was replaced by the Notary Honorary Council. Then it becomes a question of how the Process for the emergence of the basis for the formation of the Notary Honorary Council in Act No. 2 of 2014 concerning Amendment Law on Notary Position Number 30 of 2004, and how the Notary Summons the Deed made by the Judge after the Amendment to the Notary Position Act No. 2 of 2014. Research is normative legal research, resulting in the conclusion that the Notary Honorary Council was born in the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public because of the need for protection of a Notary in making deeds. It is very necessary if there is an institution whose function is in the process of judicial interests, where the Notary must get permission from the Notary Honorary Council when summoned in a court session.

Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law Muhammad Farid; Ahmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.

Analysis of the Authority of the Substitute Notary Public in Preparing a Cooperative Establishment Deed Virginia Puspa Dianti; Jawade Hafidz; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The main objective of cooperatives is established as regulated in Article 4 of Act No 17 of 2012 to improve the welfare of Members in particular and society in general, as well as as an inseparable part of a democratic and just national economic order. The formulation of the problem in this research is how to implement the establishment of a Cooperative deed according to Act No 17 of 2012? And does the substitute notary have the authority to make a cooperative deed? The type of research used by the author is normative legal research by examining library materials related to the authority of the substitute notary in making cooperative establishment deeds based on a qualitative approach. Sources and types of data in this study were obtained through secondary data. To obtain the necessary data, the author collects laws and regulations relating to the title that the author takes. In addition, the author can obtain information through searching books and scientific works of legal experts. In this case the Author analyzes the Authority of the Substitute Notary in Preparing the Cooperative Establishment Deed. From this research, the author obtained the following results: (1) The establishment of a Cooperative is carried out by means of a Cooperative Establishment Deed made by a Notary registered at the Ministry of Cooperatives in Indonesian. (2) Substitute Notary Public can also make a Cooperative Deed of Establishment as long as the Substitute Notary is registered with the Ministry that administers Government affairs in the field of cooperatives.

Implementation Analysis of Improvement of Building Use Rights to Property Rights for Residential Houses Avianita Febriana Yulianto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this research is to analyze and find out: 1) Implementation of upgrading the status of building use rights to property rights for residential houses at the Cilacap Regency Land Office. 2). Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten people's perceptions who think that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive. 2) Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten out public perceptions who consider that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive.

Implications of Executorial Strength of Fiducia Security Certificate after Decision Constitutional Court No. 18/PUU-XVII/2019 Concerning Notary Assets Sutrisno Purwohadi; Theresa Irene Sumartoni
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Fiduciary material rights are guaranteed. The collateral objects are tangible, intangible and immovable objects that cannot be guaranteed with mortgages. Fiduciary collateral is widely used by finance companies. Debtor defaults, the leasing party executes fiduciary objects unilaterally, this is considered contrary to the 1945 Constitution. Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 of 1999 concerning Fiduciary Guarantee is subjected to a material test. After Constitutional Court Number 18/PUU-XVII/2019, Execution of fiduciary guarantees after the decision of the, after Constitusional Court, creditors cannot execution guarantee directly because executorial beslag in fiduciary certificate which have power same with court decision has been canceled. According to Constitutional Court’s decision Number 18/PUU-XVII/2019 states that Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 Year 1999 is contradictory to the 1945 Constitution. After the Constitutional Court's Decision No. 18/PUU-XVII/2019 states that the execution of guarantees cannot be carried out unilaterally by creditors, but must be through a District Court decision, unless there is an agreement on breach of contract between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary collateral, this matter impact to lack of creditor’s interest to give loan with moveable object remember executory process need long time and many cost because execution object fiduciary guarantee must be district court decision. Notary as formulate’s agreement must be think carefully to response Constitutional Court Number 18/PUU-XVII/2019 with strengthen clause in fiduciary guarantee deed based on credit agreement which has been made the parties so that occur balanced right and obligation between creditor and debtor. Therefore author take theme about Notary’s role to make Notary’s deeds especially fiduciary guarantee’s deed after Constitutional Court Number 18/PUU-XVII/2019 with research’s method use literature research in the form of juridical data. The research is normative juridical and qualitative research type Research methods.

Determination of Minimum Rates for Notary Honorarium to Avoid Tariff War between Notaries Widya Ishwara Danardana; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The notary position is an institution created by the state. Notary as a position is a field of work created by legal rules for certain functions and is sustainable as a work environment. The existence of a notary as a state official who is authorized to make a legal product, namely an authentic deed, does not receive an honorarium from the state, therefore a notary is entitled to receive an honorarium for the legal services provided. Notaries receive an honorarium from the public for services in making an authentic deed. The honorarium is given to those who carry out their duties based on the laws and regulations, while the success fee is given to those who carry out the profession. Based on this description, This study aims to find out and analyze the basic regulatory considerations related to the amount of the Notary's honorarium in the Notary Position Act and the Notary Code of Ethics, analyze the formulation of the minimum amount of Notary honorarium arrangement, and find out the sanctions for notaries who violate the rules on the minimum rate of Notary honorarium. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of the study indicate that the basis for consideration of setting the minimum amount of notary honorarium in the Law on Notary Positions has not been determined regarding the minimum amount. Basically, the Law on Notary Positions only provides a maximum limit on the honorarium that can be withdrawn from transactions. Notaries have the right to determine their own values based on their considerations as long as they do not exceed the maximum provisions of the Law on Notary Positions. It is necessary to amend Article 36 of the Law on Notary Positions in order to mention the determination of the minimum honorarium limit determined by the notary position organization, so that the determination of the notary position professional organization has binding power based on the Notary Position Act.

Legal Certainty of Application of Electronic Archives in Keeping Minutes of Notary Deed as Authentic Evidence Andi Muhammad Syuaib; Amin Purnawan; Akhmad Khisni
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to: to determine whether the application of the use of electronic archives for notarial deeds can provide legal certainty. The approach method in this research is normative law, the data source is obtained from literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded thatthe use of electronic archives as a minimum of a notary deed has not yet obtained a strong legal basis, so it has not guaranteed legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. The legal substance in the use of electronic archives as a minimum of notary deeds has not been fully accommodated in the UUJN with the obligation to read the deed in the presence of witnesses and failure to fulfill this requirement will result in legal sanctions for the notary. The ITE Law, which is a legal basis for notaries, also does not provide an opportunity for electronic deeds by providing restrictions on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence. The incompatibility between UUJN and the ITE Law, and the ITE Law with the UUPT regarding the authority of notaries in the use of electronic records is clearly a separate obstacle for notaries. The current legal substance has not been able to facilitate the various interests of the community. Because the substance of the law has not accommodated the interests of the community, the existing legal regulations are not able to adapt to new things that are happening in the community, resulting in no guarantee of legal certainty. The substance of the law is not yet futuristic, because the regulation of the notary's authority cannot anticipate events that may arise in the future, namely the demands of the public so that notaries are able to make deeds electronically. The legal structure that was built has not been able to encourage the implementation of electronic services by notaries properly and optimally. In addition, the legal culture of the community tends to believe more in using conventional facilities than with technology.

Online System Policy And Cyber Notary In Facing The Impact Of Covid-19 Ahmad Farid Bisyarohatie; Umar Ma'ruf; Widhi Handoko
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to describe and explain the reasons for the implementation of the online system and Cyber Notary has not been held in relation to Legal Policy in Facing the Impact of Covid-19 on Notary Performance. Describe the obstacles faced and to provide solutions to notaries in implementing an online and cyber notary system in Facing the Impact of Covid-19 on Notary Public Performance.The approach method in this research is juridical empirical. The specification used in this research is descriptive analytical. The data analysis method was carried out qualitatively. The results of this study are the application of an online system to cyber notary in Surakarta, which still requires more in-depth dissemination of security and effectiveness in the use of online systems and cyber notaries, as well as the obstacles faced in implementing the online system and cyber notary policies in dealing with the impact of covid- 19 in the city of Surakarta, there are still conflicting rules between Article 15 UUJN and Article 16 UUJN, linked to Articles 11 and 12 of Act No. 11 of 2008 and Act No. 19 of 2016 concerning Electronic Information and Transactions (UU ITE and PUU ITE).

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Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

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+6285399441898

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sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email sanlar@unissula.ac.id

Phone +6285399441898

Journal Mail Official sanlar@unissula.ac.id

Editorial Address 2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA