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[The Role of a Notary in Changing the Name of a Limited Liability Company ]]>
<![CDATA[Detkri Badhiron]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.3.2.432-442
<![CDATA[This research aims to know and analyze the factors that cause PT. Mega Transformation Indonesia turned into PT. Djaja Bangun Rahardja, besides that this research is also to find out and analyze the role of the Notary in changing PT. Mega Transformation of Indonesia into PT. Djaja Bangun Rahardja was connected with Act No. 40 of 2007 concerning Limited Liability Companies and the last one was to identify and analyze the process of obstacles and solutions in the process of changing PT. Mega Transformation Indonesia into PT. Djaja Bangun Rahardja is associated with Act No. 40 of 2007 concerning Limited Liability Companies. The approach method in this research is empirical juridical. The juridical approach (law is seen as a norm or das sollen), because in discussing the problem this research uses legal materials (both written law and unwritten law or both primary legal materials and secondary legal materials). Empirical approach (law as a social, cultural or das sein reality), because in this study primary data obtained from the field were used. So, the empirical juridical approach in this study means that in analyzing the problem, it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about how the role of Notaries requires empirical research on Notaries who process changes in names of shareholders and changes to the Board of Directors. The specifications used in this research are descriptive analytical, which is intended to provide data as accurate as possible about a situation or other symptoms. Because this research is expected to provide a detailed, systematic and comprehensive description of the role of a Notary in processing the name change of a limited liability company. The data required includes Primary data is data obtained from the field, data obtained from respondents. Respondents are people or people who provide answers to questions from researchers. Secondary data is data obtained from or derived from library materials, secondary data collected in this study include primary legal materials, secondary legal materials and tertiary legal materials. In discussing the subject matter and analyzing the data that has been obtained, the authors use all the information and data that have been obtained, both primary data and secondary data. Then the writer analyzes qualitatively which is then presented descriptively.]]>
<![CDATA[Imposition of Added Tax Value on Notary Services/PPAT ]]>
<![CDATA[Andi Hikmawanti]]>;
<![CDATA[Jawade Hafidz]]>
<![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.2.2.104-112
<![CDATA[With the imposition of Added Tax Value (ATV) on notary / PPAT services, it is necessary to know the implementation of the imposition of Added Tax Value on Notaries / PPAT based on the Added Tax Value law and what problems and solutions are faced in charging ATV for such notary / PPAT services. This research is descriptive analytical with an empirical juridical approach with the research location in the Kendari City area. Based on the research results, it was found that the Notary / PPAT in Kendari City has not been registered as a Taxable Entrepreneur in Kendari City. This is due to several reasons, namely the tax office still has difficulty calculating the value of the deed made by the Notary / PPAT in Kendari City because no reporting. Another problem that hinders the collection of ATV for Notaries / PPATs is the demand for collection wages as the government gives incentives to agencies that collect taxes so that they are willing to establish themselves as taxable entrepreneurs.]]>
<![CDATA[Juridical Analysis on Role & Responsibility of Land Office in Multiple Land Certificates ]]>
<![CDATA[Mochamad Amin]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Djauhari Djauhari]]>
<![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.3.3.741-752
<![CDATA[The imbalance between the supply of land and the need for land can lead to various land disputes, including the emergence of cases of double certificates. The Basic Agrarian Law lays the foundation for realizing legal certainty and legal protection for all Indonesian people. According to Article 19 of the UUPA Number 5 of 1960 which was followed up with Article 3 letter a of Government Regulation Number 24 of 1997 concerning the Purpose of Land Registration. In Indonesia, the institution that has a close relationship with land is the National Land Agency or BPN which has the task of carrying out government duties in the land sector in accordance with the provisions of the legislation. The objectives of this research are, one to find out and analyze the causes of the occurrence of double land certificates at the Land Office, two to identify and analyze the responsibilities of the Land Office in the case of multiple land certificates, three to identify and analyze the obstacles and solutions to the responsibilities of the Land Office in the completion of double land certificates. The approach method used in this research is empirical juridical, namely analyzing the problem by combining legal materials which are secondary data with primary data obtained in the field. The research specifications in this study are descriptive analytical. Types and sources of data, namely primary data are data. obtained from the field. secondary data, namely data obtained from or derived from library materials, data collection techniques with interviews, literature studies, document studies. Then the author analyzes qualitatively which is then presented descriptively.]]>
<![CDATA[Sanctions Mechanism for Notary Who Break the Code of Ethics ]]>
<![CDATA[Yuli Sambira]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.272-281
<![CDATA[Notary is a public official who is appointed by the Government and entrusted with the authority to make a written deed in the form of an authentic deed. Not only do notaries have the task of making authentic deeds in certain fields, but in almost every field of civil law where the Notary is authorized to make them. In carrying out his position, a notary is demanded to be more sensitive, honest, fair and transparent in order to ensure the implementation of the goals and obligations of all parties directly involved in making authentic deeds. In carrying out his / her duties, a notary must adhere to the code of ethics of the notary's office, because without it his professional dignity will be lost and he will not gain the trust of the public. The Notary Code of Ethics is a self-control for Notaries in carrying out their duties. The scope of the Notary Code of Ethics applies to all Notaries or those who hold and carry out a Notary position. The Indonesian Notary Association as the parent association for Notaries, has a very important role in enforcing the implementation of the Professional Code of Ethics for Notaries. In upholding the Code of Ethics, there must be harmony between the Notary concerned, professional colleagues, the community and professional organizations, in this case the Indonesian Notary Association, through the Honorary Council which has the main task of supervising the implementation of the Code of Ethics.]]>
<![CDATA[Criminal Liability For Authentic Deed Falsification By A Notary ]]>
<![CDATA[Afan Fakurohman]]>
<![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.3.3.963-972
<![CDATA[Notary is one of the public officials (openbaar ambtenar) who is authorized to make all kinds of agreements in the form of authentic deeds, set the date, keep the deeds and issue grosses, copies and quotations, all of this as long as the act of the deed is not also required to other officials. or specifically the obligation. However, it often happens that notaries do things outside their authority, one of which is committing a criminal act of falsifying authentic deeds which results in harming other parties so that this is very disturbing and must be handled either preventively or giving criminal sanctions. The method used in this research is normative juridical, the specification of this research is descriptive analytical research. The data source uses secondary data. Data collection techniques using literature study or document study. The data analysis technique used a qualitative descriptive approach. The results of the research on the first and second conclusions. In the case of falsification of an authentic deed which is very possible to be carried out by a notary person because the authentic deed which is the product is a deed that has perfect proof before the court and cannot be denied, but if the product of the notary in the form of an authentic deed contains things that are not true then the deed is degraded into a private deed and can be declared null and void by law.]]>
<![CDATA[The Position of Legal Protection for Debtors for Bankruptcy Conducted by Separatist Creditors in terms of Act No. 4 of 1996 concerning Mortgage Rights ]]>
<![CDATA[Retno Sulistyowati]]>
<![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.2.4.450-458
<![CDATA[The purpose of this research is to know and analyze; 1). The current implementation of debtor legal protection for bankruptcy is carried out by separatist creditors. 2) Factors that influence the implementation of debtor's legal protection for bankruptcy carried out by separatist creditors. 3) The proper implementation of debtor legal protection for bankruptcy by separatist creditors. This study uses a normative juridical research method, using a statutory approach and a conceptual approach. This type of research is descriptive analytical. The data collection technique is the literature study of this thesis. The data analysis method is descriptive qualitative analytical. The results show that: 1. The implementation of the Bankruptcy Law has not provided protection to debtors, because: The requirements for requesting a bankruptcy statement make it easier for the debtor to be declared bankrupt, even though the debtor is actually in a solvent condition; The PKPU mechanism has not provided broad opportunities for debtors to improve company performance; and Efforts in bankruptcy are dominated by the authority of creditors. 2. Factors that influence the implementation of debtor's legal protection against bankruptcy carried out by separative creditors are: There are no funds for the costs of managing and settling bankruptcy assets; Bankrupt Debtor is not cooperative; and The debtor sells/transfers his assets before being declared bankrupt. 3. The Bankruptcy Law in future requires an insolvency test. This is based on reasons to prevent debtors whose assets are more than their debts being declared bankrupt by the court.]]>
<![CDATA[Juridical Analysis of Implementation of Rights Transfer to Land & Buildings with Sale and Purchase Deed ]]>
<![CDATA[Mochamad Nurali Zamroni]]>
<![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.3.3.1147-1157
<![CDATA[The purpose of this research is to analyze and find out: 1). Implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency. 2). Obstacles and solutions in the implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency. The approach method in this research is normative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency, which starts with a sale and purchase transaction, after the sale and purchase is achieved, it must be AJB by PPAT and witnessed by the parties. PPAT must check the completeness of data such as certificates, proof of tax payments and complete identity of the parties. Furthermore, the PPAT Deed along with other files such as a registration application letter, land certificate or letter D, girik or other proof of ownership, identity of the parties, NPWP, marriage certificate and proof of payment of PBB tax payments are brought to the Land Office to be registered as a certificate of ownership for new land rights holders. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2) Obstacles in the implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency, namely there are still many low levels of education, people are reluctant to take care of the transfer of land rights due to the costs which they think are quite high and will only take time. The length of the SOP (Standard Operational Procedure) for the Transfer of Name Certificate process, the lack of counseling given to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. Solutions that can be done are to provide socialization or publish brochures, improve the performance of the Land Office through courses/training and improve administration because it is an organization of human resources.]]>
<![CDATA[Implementation of Notary Public Liability against Authentic Deed Made According to Act No. 2 of 2014 Concerning Amendments to Act No. 30 of 2004 Regarding Notary Position ]]>
<![CDATA[Zahren Zukri Alyafie]]>;
<![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.3.1.80-87
<![CDATA[This study aims 1) To find out the implementation of the Notary Public Responsibilities on the Authentic Deed made according to Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning Notary Position in Kendari City; 2) To find out obstacles and solutions in the Implementation of Notary Responsibilities for the Authentic Deed he made in Kendari City. This study uses an empirical juridical approach, the specification of this research is descriptive analytical. Types of data in this study include primary data and secondary data. Data obtainedwith the method of interview and literature study.The data analysis technique is qualitative. Based on this research it is concluded that: 1)Implementation of Civil Notary Responsibilities for the Authentic Deed that he makes, the notary is only responsible for the formal correctness of an authentic deed and not for the material of the authentic deed. The legal basis used in civil liability for deeds made by the Notary is if the Notary makes a mistake due to broken promises as determined in the provisions of Article 1234 of the Civil Code and acts against the law as stipulated in the provisions of Article 1365 of the Civil Code.2) Barriers and Solutions in the Implementation of Notary Responsibilities for the Authentic Deed that he makes, namely: a) Obstacles in Implementing the Notary's Responsibility towards the Authentic Deed that he makes, if one of the parties then feels that someone has been harmed, in this case it is the responsibility of the parties, not the responsibility of the notary. In fact, deeds made by notaries are evidence that the parties can use. b) Solutions in the Implementation of Notary Responsibilities for the Authentic Deed He Made If it is proven that there is a violation committed by the notary concerned and it is detrimental to one of the parties because of the deed he made. Regarding the civil claim, the notary concerned is obliged to compensate for the civil loss if proven.]]>
<![CDATA[Legal Protection for Auction Winners of Liability against Transition of Land Rights Certificates ]]>
<![CDATA[Marliyanti Praja Kusuma]]>;
<![CDATA[Sri Kusriyah]]>
<![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.3.4.1320-1330
<![CDATA[In this journal the author has two objectives in this research, first, To find out and analyze the legal protection of the auction winner of mortgage rights in the transfer of land rights certificates and To find out and analyze the legal position of the transfer of land rights certificates for the auction winners in the construction of legal certainty. The approach method in this research is normative juridical where this research provides a detailed, systematic and comprehensive description in which the author examines and studies the norms contained in the legislation. The research specification is a descriptive analysis that is limited to efforts to reveal a problem or situation or event as it is, so that it is merely revealing facts. The data required includes primary data, secondary data, and tertiary data. Taken by data collection method, data analysis method using qualitative approach, namely understanding the data through collecting, filtering, analyzing and making conclusions on the data obtained throughout the research systematically. Based on the research, it can be concluded that legal protection for legitimate auction winners is still difficult in practice. The existence of disputes and lawsuits from land owners does not provide legal certainty of the status of the auction object being sold where buyers who have good intentions participate in the auction process and have fulfilled their obligations but sometimes cannot immediately enjoy the goods purchased. Although the acquisition of the object of the auction in the form of a Mortgage object is in accordance with the procedural and legally valid, however, the administrative requirements at the Land Office cannot be carried out due to the status quo.]]>
<![CDATA[The Role of Notary Honorary Council after Constitutional Court Decision Number: 16/PUU-XVIII/2020 ]]>
<![CDATA[Nurhadi Nurhadi]]>
<![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.2.4.549-556
<![CDATA[Public complaints against notaries should be the object of review by the supervisory board based on the code of ethics and applicable laws. When the supervisory panel finds an alleged criminal act in the results of its review, it is important to submit it to the Notary Honorary Council for further action. This study uses a sociological juridical approach (empirical) in a qualitative descriptive manner. This research specification focuses on empirical normative studies, namely legal research equipped with empirical data. The data collection method in this study was carried out by field studies and literature studies. The data obtained were then analyzed qualitatively. The conclusion is that based on the provisions which include Article 66 paragraph (1) UUJN, Constitutional Court Decision Number: 16/PUU-XVIII/2020, Permenkumham No.7/2016, Permenkumham No.15/2020 and MoU No. B/1056/V/2006 Number 01/MOU/PP-INI/V/2006 concerning Development and Enhancement of Professionalism in the Field of Law Enforcement, the role of the Notary Honorary Council must be put forward in connection with the police report No.: LP288/VII/2020 SPKT Polda Sultra after the Constitutional Court decision Number: 16/PUU-XVIII/2020. Whereas the suggestion is that in order to understand the role of the Notary Honorary Council that must be put forward after the Constitutional Court decision Number: 16/PUU-XVIII/2020, socialization is needed in the wider community so that suspected criminal acts by notary persons are not immediately reported to the police but are resolved first through the inspection mechanism in the supervisory board and the honorary council.]]>
