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Sultan Agung Notary Law Review

SANLaR
Website

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 382 Documents

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Authority of Notary to Make Roya Concent as in Literature Certificate of Loss Aditya Rahma Wicaksono; Lathifah Hanim; Soegianto Soegianto
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine and analyze the authority of the notary in making Roya's Concentration Deed and to find out the stages in making the Roya Concentration Deed as a substitute for the lost certificate of mortgage. The approach method in this research uses juridical empiric. The specification of this research is descriptive analysis, the data required includes primary data, secondary data, and tertiary data, the data analysis method uses field research and library research. Based on the research, it is concluded that although the Roya concession deed or the Roya license deed is not clearly regulated, it is related to the authority of the notary in making the deed, because if it is linked in the Roya process to be carried out at the Land Office, the Roya Consent Deed is one of the requirements for implementing Roya. Roya's consent deed is a notary deed that has a position as a substitute for a lost certificate of mortgage, which functions as a condition for registering Roya or withdrawing mortgage rights. Roya consent deed or Roya permit is also a type of partij deed which is a notary made at the request of the parties concerned by accompanying evidence of a letter of loss from the police regarding the loss of a certificate of mortgage, the notary makes a deed of Roya/consent Roya permit to fulfill formal functions a deed, namely to complete or complete a legal act in this case to Roya at the Land Office.

Strength of Proof Letters Under Hand Legalized by Notaries Fitriza Wirasari
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 duties and work of a notary as a public official are not limited to making authentic deeds but are also assigned to register and ratify documents under the hand there is legalization from authorized public officials. This study aims to determine the legalization process carried out by a notary, to find out about the responsibility of a notary to legalized underhand letters, to find out how far the power of proof of an underhand letter is as evidence in the trial process in court. This study uses a normative juridical research method. Normative juridical research is research conducted by reviewing applicable laws and regulations or applied to a particular legal problem. Based on the results of the study, it can be seen that the legalization practice carried out by a notary in this case the parties whose names are listed in the letter and affixed their signatures in the letter under the hand can no longer deny that the parties or one of the parties do not know the contents of the letter under the hand, because the contents have been read and explained first before the parties sign before a public official in this case is the notary concerned and in front of the witness. The responsibility of the notary towards the legalized letter under the hand is only limited to the certainty of the date and signature of the parties, that the undersigned in the letter under the hand, it is true that the parties themselves who are in the letter agreement under the hand are not other people. Because the notary must witness first hand and match the identity cards of the parties using the identity card on the day and date on which the letter was made. The legal consequences of proving in court with written evidence, in this case an underhand letter that has been legalized by a notary, have perfect evidentiary power if one of the parties does not deny the signature in the letter, therefore the underhand letter must meet the authenticity requirements determined by the Constitution. If the requirements determined by the law are met, then the legal force of proof becomes the judge's main consideration in making decisions relating to the subject matter being tried in court (Article 1881 paragraph (2) of the Civil Code).

Implementation of Supervision & Enforcement of Sanctions Against Notaries Who Do Not Carry Out Their Position Farah Syifa Setyaningrum; Sri Endah Wahyuningsih; Widhi Handoko
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Notary as a position of trust means nothing if it turns out that those who carry out their duties as Notary Public are untrustworthy, so that between the position of the Notary and the official (who is carrying out the duties of the position of Notary) must be in line like the two sides of a coin that cannot be separated. Supervision and guidance is needed so that the Notary in carrying out his duties and responsibilities as given by the relevant basic regulations, is always carried out on a predetermined path, not only the legal route, but also on the basis of moral and professional ethics, with the aim of ensuring legal protection and certainty. law for the public who use Notary services, in this case the authorized party, is the Notary Supervisory Council (MPN). The purpose of this research is to analyze the implementation of supervision and enforcement of sanctions against notaries who do not carry out their positions properly in the city of Tegal. To analyze the obstacles and solutions to the implementation of supervision and enforcement of sanctions against notaries who do not carry out their positions properly in the city of Tegal. The method used in this research is the empirical juridical method, which is a legal research method that seeks to see the law in a real sense or can be said to see, examine how the law works in society. The results of this study ultimately provide an answer that the Notary Supervisory Council must be able to improve the quality and quality of notary services. Notaries who have committed violations must accept the consequences, namely getting sanctions because there are still many Notary candidates who are still waiting for the formation of positions in each region. If they are not competent in carrying out their duties, the Notary Supervisory Council, in this case the MPP, will impose sanctions on disrespectful dismissal, in accordance with Article 7 of the Law on Notary Position Number 2 of 2014 concerning Amendments to Act No. 30 of 2004 Notary Position. The guidance carried out must be based on a high awareness and understanding of moral and ethical values.[1] Habib Adjie, Sanksi Perdata dan Administratif Terhadap Notaris Sebagai Pejabat Publik, Bandung : PT. Refika Aditama. p. 35.

The Role of Land Deed Officers in the BPHTB Payment Verification Process Fadhla Audina; Taufan Fajar
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

PPAT plays an important role in the sale and purchase of land, which has indirectly helped the Head of Regency/City BPN to carry out activities related to land. PPAT's position is very important in the delivery of transaction prices as the basis for determining BPHTB to the public. The deed of sale and purchase is made when the object and the transaction price have been agreed upon and have been paid in full by the buyer, but before that, tax verification must be carried out as the main requirement in the land sale and purchase transaction. A potential source of tax that should be explored according to the current economic situation and condition as well as the development of the nation's development is the type of Customs Tax on the Acquisition of Land and Building Rights (BPHTB). Fee for the acquisition of land and building rights, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and building rights. The role of the Land Deed Maker Officer in the verification process for BPHTB payments in Batang City is to examine and supervise the signing of the deed. BPHTB tax collection exists because of the transfer of rights to land and buildings so that PPAT will make a deed of sale if the taxpayer pays the BPHTB tax first. The Land Deed Maker official plays a very important role in the verification process of BPHTB payments for sale and purchase transactions of land and building rights in Batang City.

Role of Notary in Registration of Fidusian Warranties to Obtain Fidusian Warranty Certificate Haryanto Haryanto
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

In this modern era and the development of technology that continues to develop significantly encourages many parties to make better use of technology wisely & well, and maximally, this is also utilized by the government. In providing public services including the Directorate General of General Legal Administration (Ditjen AHU) Ministry of Law and Human Rights of the Republic of Indonesia. Launched the Online Fiduciary Guarantee Certificate registration program. Which is where the role of the Notary in this case plays a very important role before the issuance of the online program Creditor or Fiduciary Security Recipient or Proxy to obtain a Fiduciary Guarantee Certificate must register conventionally or manually where the applicant must come to the office of the Directorate General of General Legal Administration (Ditjen AHU) of the Ministry Law and Human Rights of the Republic of Indonesia in their respective provinces, which of course require a lot of time and money. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. formulation of the problem of how the Notary's Role in Fiduciary Security Certificate Registration to Obtain a Fiduciary Guarantee Certificate, as well as Obstacles and Solutions in Implementing Online Fiduciary Guarantee Certificate Registration at the Directorate General of General Law Administration (Ditjen AHU), Ministry of Law and Human Rights of the Republic of Indonesia With the enactment of Online Fiduciary Registration at the Directorate General of General Legal Administration (Ditjen AHU), Ministry of Law and Human Rights of the Republic of Indonesia is very beneficial for the general public, especially Debtors, Creditors, Notaries and the Government itself as well as financing institutions. Although there are still good obstacles in the nature of the regulatory substance of Act No. 42 of 1999 concerning Fiduciary Security, there is a lack of discipline in law and culture in society. Because if the rule of law, lack of legal discipline, and community culture are not improved, then justice, legal certainty, and benefits will not be felt by the community itself. It is hoped that in the future it will be better and require commitment from the general public, especially those related to the Fiduciary Guarantee.

Legal Protection of Land Rights Certificate Holders in Certificate Blocking Event by Land Office Edi Mulyanto; Siti Ummu Adillah
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 certificate is a certificate of proof of rights that applies as a strong means of proof regarding physical data and juridical data, and this evidence is not the only evidence, only strong evidence. This research uses sociological juridical. Sociological juridical research identifies and conceptualizes law as a real and functional social institution in a real life system. This study comes in: 1) Blocking Defects in Article 1 point (1) of the Regulation of the Minister of ATR/Head of BPN Number 13 of 2017 about the procedure for blocking and confiscation is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) on temporary land rights against changes to land law. 2) The state should protect the holder of the Land Rights Certificate because of the good faith of the holder and the state's decision to issue a certificate as proof of land rights which the state should not cancel without compensation. 3) Blocking that is not in accordance with Permen ATR/Ka.BPN 13 of 2017 about the procedure for blocking and confiscation does not only result in legal certainty not being realized, but also causes losses for the owner of the blocked certificate, both material and immaterial losses. Blocking cases has the potential to cause financial losses to the owner of the blocked certificate. Due to the block, the owner cannot access his land certificate. 4) Obstacles to land rights holders in the registration of the block because the land rights are disputed and confiscated by the Court or a dispute outside the court, the Land Rights are confiscated by PUPN/KPKNL in connection with the settlement of state receivables, so the parties are requested by the Head of the Land Office for blocking. The legal consequences for the owner of the certificate for blocking the Certificate of Land Rights at the Land Office are that the land is temporarily unable to take legal action and also the Land Office has the authority to refuse the registration of the Transfer and Transfer of Names to the Land Rights.

Legal Problematics Differences in Land & Building Transactions with Validation of Cost of Obtaining Rights to Land & Building (Perda No. 2 of 2011 In Kendari City) Andi Nurul Chaerunnisa
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Tax is one of the largest revenues from the State of Indonesia, in this case one of the results of tax collection is the tax on the acquisition of rights to structures and buildings (BPHTB). the existence of regional autonomy, collection of fees for the acquisition of land rights andthis building is collected by each region independently. The issuance of Act No. 28 of 2009 concerning local taxes and levies made Kendari city regions issue regulations related to local taxes. It is Kendari city regional regulation No. 02 of 2011 regarding local taxes. The amount of collection of fees for acquisition of land and building rights is 5% (five percent) of the value of the acquisition of tax objects (NPOP), this is stated in Article 54. Meanwhile, the collection of fees for the acquisition of rights to land and buildings is carried out by the regional revenue agency. This study aims to determine the determination of the transaction value as the basis for BPHTB validation by the Bapenda of Kendari and to find out legal problems that can arise due to differences in actual transaction prices with BPHTB verification by the Bapenda of Kendari. The method taken by the author is a normative method. The normative approach is an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations.

Synchronization of Notary Supervision by Notary Supervision Assembly in Law Enforcement Suwardi Suwardi
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The Notary Institution, one of the social institutions in Indonesia, arises from the need in human relations that requires a means of evidence regarding the civil law relationship that exists and or occurs between them. The authority of a notary is regulated in Article 1 number 1 of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of a Notary (hereinafter abbreviated as UUJN) which states that: "Notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other laws." In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council.

Notary Responsibility For The Truth Of Data In Agreement Making In Financial Institutions Based On Sharia In Indonesia Emy Lestari Langobelen
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.2.4.781-789

Notary is a public official appointed by the government to assist the general public in making agreements that exist or arise in society. The need for written agreements to be made before a notary is to guarantee legal certainty and to fulfill strong law of evidence for the parties who enter into the agreement. It is the need for written proof that calls for the importance of this notary institution. Notary is a profession so that the Notary profession is a noble profession (nobile offecium). In Act No. 30 of 2004 in conjunction with Act No. 12 of 2014 concerning the position of Notary Public, Article 1 paragraph (1) states ``Notaries are public officials who are authorized to make authentic deeds and have other powers as referred to in this Law. or based on other laws.''

INTELLECTUAL PROPERTY AS FIDUCIARY OBJECT IN BANKING INSTITUTION Setyawati Setyawati
Sultan Agung Notary Law Review Vol 1, No 2 (2019): November 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Global Market Development today by the Industrial Revolution 4.0 brings influence to Intellectual Property (IP) in the fields of Economy, especially in getting loans at banks to increase the capital of a business, Intellectual Property (IP) is used as the object of Fiducia. Fiduciary Assurance Intellectual Exclusive Rights given a Act or regulation to a person or group of people for works of copyright under the Act so that Intellectual Property is right in Act-related issues Results of invention and Creativity person or persons relative to the Protection problems reputation in the field of commercial (commercial reputation) and action / services in the commercial field (goodwill). In the Global Market Development or the Industrial Revolution 4.0, the Intellectual Property (IP) can be made possible Fiducia. The guarantee proper object used in this case is Fiduciary. Setting Intellectual as Objects Fiduciary in Act Fiduciary not clearly regulated so that the necessary concept of ideal settings intellectual property as the object of Fiduciary must be developed by setting a comprehensive, systematic aspects of Substance, Structure, and Culture Act based on Pancasila and the Constitution Of the Republic of Indonesia Of 1945 in efforts to achieve economic development in Indonesia.

Page 7 of 39 | Total Record : 382

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Yusuf Wisnu Mandaya

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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