Sultan Agung Notary Law Review
Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the editorial team publishes them four (4) times a year they are in March, June, September and December. This shows the credibility and prestige of the SANLaR journal is getting better and known to many people. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Articles
382 Documents
<![CDATA[Legal Protection Due to the Non-Competition Clause in Franchise Contract ]]>
<![CDATA[Miftahul Rosyadi]]>;
<![CDATA[Djunaedi Djunaedi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1252-1260
<![CDATA[This study aims to: 1) Knowing and analyzing the legal protection due to the non-competition clause in the franchise agreement, 2) Knowing and analyzing the non-competition clause that has fulfilled the elements of article 1320 of the Civil Code regarding the terms of the validity of the agreement, 3) Knowing the example of the deed franchise agreement. The research method used in this study is a normative juridical method with secondary data sources. The research specification used is descriptive analysis. Researchers used normative research specifications with secondary data sources. The secondary data used by the researcher was collected by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it was easy to read. The data analysis method used by the researcher consists of the stages that the secondary data obtained will be used for descriptive-qualitative analysis. Based on the research, it is concluded that the legal protection due to the non-competition clause in the franchise agreement of Serba Wenak Restaurant is explained that in Article 13 of the draft franchise contract regarding trade secrets that franchisees are required to keep the system, management and methods of restaurant management secret from the franchisor during their tenure. The term of the agreement lasts or has expired. One of the characteristics of the Versatile Restaurant franchise is that there must be a written agreement (contract), In this case, the Serba Wenak Restaurant franchise agreement is stated in the deed of agreement that has been agreed upon by the franchisor, represented by the company director, Mr. Drs. M. Adung Darmadung with the franchisee, Mrs. Leni Marleni.]]>
<![CDATA[Problems and Implementation of Government Regulation Number 1 of 2011 Regarding the Transfer of Function of Agricultural Land to Industrial Land ]]>
<![CDATA[Abdul Kodir]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.181-199
<![CDATA[The threat to disruption of food security due to rampant conversion of agricultural land is very significantagainst land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.]]>
<![CDATA[The Implementation of Partial Roya after Regulation of Minister of Agrarian & Spatial Planning ]]>
<![CDATA[Muhammad Iqbal al Hakiem]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Dahniarti Hasana]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1436-1450
<![CDATA[This study aims to determine and analyze the authority of a Notary/PPAT in the implementation of partial roya after the enactment of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 5 of 2020 concerning Electronically Integrated Mortgage Services. This research method 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 this study indicate that the authority of a Notary/PPAT has an important role in the implementation of partial roya in the city of Semarang. The authority of the Notary/PPAT is the making of a credit agreement deed with a partial roya agreement, a roya concession deed if the mortgage certificate is lost, creation and registration of APHT with partial roya agreement and submission of roya application against conventional Mortgage Rights. Notaries/PPATs in carrying out their authority must comply with the applicable laws and regulations to ensure legal certainty. The implementation of partial roya at BPN Semarang City is currently divided into two, namely conventionally and electronically. The implementation of partial roya at BPN Semarang can be done without the need for prior agreement in the APHT. Partial roya on part of the result of splitting the parent certificate which is encumbered with Mortgage Rights can be made at BPN Semarang City on condition that it must be agreed upon by the creditor and debtor. The conclusion is implementation of partial roya using the electronic Mortgage system provides more benefits in terms of convenience and time efficiency.]]>
<![CDATA[Obstacles & Solutions If A Legal Agency Administration System in Process of Restruction of A Limited Company ]]>
<![CDATA[Fitriani Machbub]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.284-289
<![CDATA[The purpose of this study is to explain how the obstacles and solutions if they occur in the legal entity administrative system in the Limited Liability Company approval process. This writing uses the juridical empirical research method by extracting information from interviews and data from literature studies. The data used in this study are secondary data which includes primary legal materials. Based on this research, it can be concluded that the Registration of Limited Liability Companies using the Legal Entity Administration System has obstacles and has disadvantages for its users, one of which is the website system itself, where the pages on the website are off or busy with the network, so the process will take a long time until hours due to slow access. ]]>
<![CDATA[Legal Perspective On Notary As General Officer Of Authentic Assets And Its Legal Expression ]]>
<![CDATA[Mustholih Baidlowi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.4.722-730
<![CDATA[Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of a Notary. Notaries as public officials who make authentic deeds have an important role in ensuring legal certainty for the people who use their services. The purpose of this research is to find out and understand the legal position of authentic deeds that are legally owned. The method used in this research is sociological juridical method, the specification in this research is descriptive analytical, the data used are primary data and secondary data, using data collection by interview and literature study. The results of this study indicate thatauthentic deeds have 2 (two) main functions, namely, as a formal function (formality causa) and function as evidence (probationis causa). The formal function (formality causa) means that to make an act declared complete and perfect (not to be valid) a legal act must be made in the form of an authentic deed. Functioning as evidence (probationis causa) it can be interpreted that the authentic deed is deliberately made as proof at a later date. A deed can be categorized as an authentic deed if the deed is drawn up in accordance with the procedures that have been determined based on the provisions of Article 38 of the Law on the Position of Notary Public. A Notary deed can be said to meet the requirements as an authentic deed if the Notary deed is in accordance with the procedures and procedures that have been determined based on the provisions of Article 39 of the Law on the Position of Notary up to Article 53 of the Law on the Position of Notary Public.]]>
<![CDATA[The Existence of A Single Submission Online Institution in Land Technical Considerations ]]>
<![CDATA[Susi Andriyani]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.270-278
<![CDATA[The enactment of Government Regulation Number 24 of 2018 which introduced the Online Single Submission (OSS) institution brought many changes in various fields, one of which was in the field of land services. This study analyzes the implementation of land technical considerations through the OSS institution and the obstacles in the implementation of land technical considerations through the OSS institution. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that the Implementation of Land Technical Considerations through the OSS institution is intended to provide convenience in obtaining permits in order to improve the investment climate in Indonesia.]]>
<![CDATA[Implementation of Handmade Credit Agreements (Without Notary Deed) ]]>
<![CDATA[Rikha Farikhatul Fitriani]]>;
<![CDATA[Taufan Fajar Riyanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.1.13-23
<![CDATA[The complete study, entitled "Implementation of Under-Handed Credit Agreements (Without Notary Deed) at PT. Central Java Bank, Semarang Regional Deposit of Sub-Branch "in order to find out and analyze the credit implementation process made under hand (without a Notary deed) at PT. Regional Development Bank of Central Java, Semarang Regional Deposit Assistant branch and to identify and analyze inhibiting factors in the implementation of loans made under hand (without a Notary deed) and how to overcome them. This study uses an empirical juridical approach, which is a legal research carried out by examining and analyzing existing facts in line with observations in the field. Central Java Regional Development Bank, Semarang Regional Deposit of Sub-Branch, for credit application will be given a Loan Application Certificate (SKPP) to be filled in completely and accompanied by the required documents / letters. The credit process "officially" begins with the submission of the completed form. Completely and correctly, all received credit applications will be analyzed and evaluated for credit. Guarantee transactions are carried out to conduct checks and research. The results of the analysis and evaluation, the transaction officer will report to the credit provider officer to refuse credit. Based on the results of the guarantee transaction, the credit provider officer analyzes the credit and the conclusion from the analysis is the adequacy of the guarantee, and for credit decisions accepted. Constraints that occur in the implementation of loans made underhand at PT. The Central Java Regional Development Bank for the Sub-Branch of the Semarang Region Regional Deposit to the community is largely a factor in providing credit guarantees in the form of land certificates of ownership rights (SHM) or Building Use Rights (SHGB) certificates that must be owned by prospective debtors themselves. Many prospective debtors have land assets that are still in the form of meters C and meters D so that the land cannot be pledged as collateral for credit. Settlement in overcoming constraints in implementing credit for PT. Bank Central Java Regional Deposit of Sub-Branch Offices are carried out by means of Bank officers assisting the management of the Property Rights Certificate to the National Land Agency (BPN) and continuing to provide outreach to candidates when customers apply for credit, while efforts to overcome the Bank's efforts to resolve bad loans this is the debtor in default, the Bank may first settle by way of kinship or by way of deliberation, if this fails, the Bank may issue a warning letter or warning letter in the form of administrative sanctions.]]>
<![CDATA[Role & Responsibility of Notaries as General Officers in Cooperative Registration through Online System ]]>
<![CDATA[Muhammad Zulfa]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.484-495
<![CDATA[The position of a Notary as a General Officer has the authority to make an Authentic Deed. Cooperative is a business entity which is a people's economic movement and is based on the principle of kinship. Since the promulgation of PP No. 24 of 2018, the management of business licensing in Indonesia will be carried out electronically, so it must have a Cooperative Establishment Deed which is made online by a Cooperative Deed Maker Notary, who must then obtain ratification of the Cooperative Establishment Deed. The objectives in this research include To find out and analyze the Cooperative Legal Entity Registration Procedure through the online system in Kudus Regency, To find out and analyze the role and responsibilities of a Notary in registering a Cooperative Legal Entity through the online system in Kudus Regency in case of data entry errors. To find out and analyze the legal consequences of the roles and responsibilities of a Notary in the event of an error in data entry. Based on the research concluded the role and responsibility of a Notary related to the establishment of a Cooperative is to assist in providing related counseling and draw up the Deed of Establishment of the Cooperative. After the deed of establishment, the Notary will register the ratification of the Deed of Establishment of the Cooperative through AHU Online, because without such ratification, business actors, in this case the Cooperative, cannot access OSS to administer business licenses.]]>
<![CDATA[Notary Responsibilities on Credit Agreement of Building Warranties Right (HGB) ]]>
<![CDATA[Erny Herawati]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.141-149
<![CDATA[The purpose of this study is conducted to: 1) Analyze the responsibility of the notary in the deed that is not in accordance with the provisions of paragraph of article 16 paragraph (1) item 1 and paragraph (7), Law office of a notary. 2) Analyze the responsibility of the notary in the manufacture of a credit agreement with a guarantee deed Building Warranties Right (HGB) maturing amid financing period. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed with descriptive methods analyst.]]>
<![CDATA[Legal Protection for Parties in Making Authentic Deeds from Legal Deviations by Notaries ]]>
<![CDATA[Himawan Arifin]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.802-809
<![CDATA[The position of a Notary is required by laws and regulations with a view to assisting and serving the public who need authentic written evidence, but a Notary in carrying out his profession commits a crime of forgery of letters in making an authentic deed so that a Notary who is consciously, intentionally or involved in making fake authentic deeds can be accounted for in criminal law. This writing aims to find out the legal protection for the victim who is harmed in making an authentic deed containing false information and the notary's responsibility in making the deed. The research method used in this thesis is a normative juridical approach, namely legal research carried out based on the main legal material by examining theories, concepts, legal principles and legislation related to research, this approach is also known as with a library approach, namely studying books, laws and regulations and other documents related to this research. The results of the study found that the Notary in making an authentic deed had fulfilled the elements of the criminal act of forging letters against an authentic deed in Article 263 paragraph 1 and Article 264 paragraph 1 to 1 of the Criminal Code. Legal protection for the victim takes legal action by reporting to the police and bringing the case to the Court of first instance, the level of appeal, and the level of cassation. So that the Notary is charged with responsibility in the form of imprisonment because it has been legally proven guilty of committing a criminal act of forging letters against an authentic deed.]]>
