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[Analysis of Problems and Legality of Authentic Deed Electronically ]]>
<![CDATA[Arif Lukman]]>
<![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.3.1.343-362
<![CDATA[This research discusses the implementation of the regulation of the minister of agrarian and spatial planning (atr)Act No.national land agency (BPN) number 9 of 2019 concerning the implementation of registration of mortgage rights using an electronic system (problematic analysis and validity of authentic deeds electronically). With the background of the Regulation of the Minister of Agrarian and Spatial Planning of the Head of the National Land Agency Number 9 of 2019 concerning Electronic Integrated Mortgage Services which came into effect since it was promulgated, namely on June 21, 2019. This regulation is a continuation of the previous Ministerial Regulation that was passed, namely Permen 3 Act No.2019 concerning the use of electronic systems and Permen 7/2019 regarding changes to the form of certificates. However, the implementation is still not optimal in the field. Therefore, the aim of this research is to analyze the problematics of authentic deeds electronically in relation to the implementation of the regulation of the Minister of ATTAct No.BPN No.9 of 2019 concerning the implementation of registration of mortgage rights with an electronic system. This study uses a normative juridical approach, in addition to using legal principles and principles in reviewing, viewing, analyzing problems. Data collection techniques use books, related constitutions and coupled with field studies. The data from this research were analyzed descriptively qualitatively, by describing all the findings of primary data and secondary data. The results of the analysis are used as material to formulate conclusions in order to answer the problems studied and to formulate suggestions for parties related to this research. The results of this study are The problem of electronic authentic deeds in the implementation of the ministerial regulation ATR Act No. BPN no 9 of 2019 concerning the implementation of registration of mortgage rights with an electronic system, there are two of the most dominant problems, including the Interference of the HT-e System and the Regulations that Have Not Regulated the Subjects and Objects of the Insurance Rights as a whole. Furthermore, on the validity of electronic authentic deeds in the implementation of the regulation of the Minister of ATR Act No. BPN No. 9 of 2019 concerning the implementation of registration of mortgage rights with an electronic system, namely by continuing to implement technological restrictions to maintain the validity of authentic deeds in order to align with the main spirit of the notary profession as a general official.]]>
<![CDATA[Application of Competition Law Against Business Communities Using Disruptive Innovation ]]>
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.1.1.33-45
<![CDATA[In this globalization era, competition among businesses in the relevant market is very tight. The businesses still struggle to compete with business competitors in the relevant market. The formulation of the problem show the application of Competition Law Against The Business Communities Using Disruptive Innovation. The method used is doctrinal and non-doctrinal. The data used are primary data is data obtained directly from the source and the respondents and secondary data is data obtained from the literature. Analysis of the data used is the qualitative analysis.Research results are. Application of competition law to businesses that use disruptive innovation is disruptive innovation has a major impact on competition in the market concerned, namely the consumers, consumers can be prosperious, and against the competition, then the conventional business operators must improve in order to compete. The first step that must be carried out by the Commission in analyzing whether the behavior of taxi online or not anti-competitive conduct in the market concerned, the Commission specifically define the relevant market definition in advance. Even when the market changed or created by a disruptive innovator, competition authorities (Commission) faced with the need for the existing market segmentation or determining a new market. Determination of the relevant market is very important to analyze whether a taxi online anti-competitive conduct and whether it has market power and dominant position which may misuse. Model law relationship triangle in the transport line between online app provider producers and consumers should be clarified first. Limitation of liability as a legal subject of legal entities in the transportation business online application the extent of the responsibility. Under the laws relating to the legal entity must sphere of responsibility of legal entities is regulated and contained in the constitution of the legal entity itself. The scope and responsibilities of legal entities governed the rights and obligations of legal entities in the statutes and households (AD / ART entity). The online system of transportation is honest and does not impede competition there is no dominant position in the online business of transportation in producing and market share as qualification monopolistic practices and unfair business competition. Other online transport entrepreneurs to enter the market is not hampered transport other online who want to enter the transportation market online. Evidently many online businesses transport both two (2)-wheel or four (4)-wheel rampant in many cities.Keywords: Competition, Business Communities, Disruptive Innovation.]]>
<![CDATA[The Juridical Study Claims for Cancellation of Insurance Rights Auction Execution ]]>
<![CDATA[Putri Qoriyati Aeny]]>;
<![CDATA[Arpangi Arpangi]]>
<![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.3.2.354-378
<![CDATA[This study aims to examine the issue of the lawsuit for canceling the execution of credit guarantee auctions that are burdened with mortgage rights in the Boyolali District Court Decision Number 64/Pdt.G/2018/PN Byl. Reviewing Judges' Considerations in Deciding Cases on Claims for Cancellation of Execution of Mortgage Auctions. Reviewing the Legal Consequences of Lawsuits for Cancellation of Execution of Mortgage Auctions. This research is a normative juridical research. This research focuses on document or library research which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study concluded that the lawsuit for the cancellation of the execution of the credit guarantee auction that was burdened with mortgage rights in the Boyolali District Court Decision Number: 64/Pdt. G/2018/PN Byl, which starts with the provision of Local Credit Facilities (Current Accounts) with a credit limit not exceeding IDR 1,700,000,000.00 (one billion seven hundred million rupiah), based on Credit Agreement No. 125/PK/KRED/SLA/2008 dated October 13, 2008, and has been amended and updated several times, most recently by Amendment to Credit Agreement No. 145/AD/KRED/SLA/2015 dated October 6, 2015, and has been extended several times, most recently with the Notification of Extension of Period No. 145/AD/KRED/SLA/2015. 00118/SLA/SPPJ/2017 dated October 12, 2017. However, during the credit agreement period, the Plaintiff defaulted because he did not make installments every month, so Defendant I had given warning letters 3 times, therefore Defendant I through Defendant II carried out an auction execution of the object of credit guarantee that had been registered with the Mortgage Rights. The judge's consideration in deciding the lawsuit for the cancellation of the execution of the mortgage auction that was burdened with Mortgage was based on the exception of Defendant I and the evidence presented at the trial, which showed that the auction of the execution of the mortgage on the Collateral Object had been carried out in accordance with Article 22 PMK No. 27/PMK.06/2016, namely by the Class I Auction Officer at the Surakarta KPKNL is legally valid. The legal consequences of the Boyolali District Court Decision Number: 64/Pdt. G/2018/PN Byl that the auction of Mortgage Execution conducted by Defendant I and Defendant II of the collateral that is guaranteed by the credit agreement through the Surakarta State Property and Auction Service Intermediary Office (KPKNL) is legal according to law. The legal consequence for the Plaintiff is the obligation to pay court fees.]]>
<![CDATA[Legal Study Of Making An Electronic Notary Deed ]]>
<![CDATA[Muhamad Nastain]]>;
<![CDATA[Setyawati Setyawati]]>
<![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.2.2.69-74
<![CDATA[The Research Objectives Are: 1) Describe the Legal Study of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights. 2) Describe the Implementation, and Constraints of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights, while the data used in this study are Secondary data consisting of Primary Legal Materials and Secondary Legal Materials which are then analyzed by descriptive analysis methods.Based on the results of data analysis concluded that: 1) Notaries as Officials who carry out part of the State Function are required to provide maximum Public Services in Legal Services. Through the role of the Directorate General of General Law Administration, the Notary was given the convenience of carrying out his duties related to the Making of Electronic Deed through the AHU Online Application and in carrying out the making of the Electronic Notary Deed not in violation of Act No. 25 of 2009 On Public Services. 2.) Despite the ease in providing public services, there are still obstacles in the implementation of the making of electronic deeds, which include server problems that are often down and human resources who are not yet competent to run them.]]>
<![CDATA[The Consequences of Divorce Law on Common Property under Marriage Law & KHI ]]>
<![CDATA[Aldya Khaira Almeyda]]>;
<![CDATA[Ahmad Khisni]]>
<![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.3.2.569-576
<![CDATA[The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.]]>
<![CDATA[LEGAL IMPLICATIONS TO FIDUSIAN OBJECT WARRANTIES THAT HAS NOT BEEN REMOVED (ROYA) AND RE-REGISTERED ON THE FIDUSIAN ONLINE APPLICATION ]]>
<![CDATA[Hardianti Hardianti]]>;
<![CDATA[Akhmad Khisni]]>
<![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.2.3.209-219
<![CDATA[In Law Number 42 of 1999 concerning Fiduciary Security, it is stipulated that fiduciary security must be registered. Based on the Circular of the Directorate General of General Legal Administration No. AHU-06.OT.03.01 Year 2013 concerning the Enforcement of the Fiduciary Security Registration Administration System electronically (online), the registration process is no longer done manually. In Article 25 of Law Number 42 Year 1999 it is stipulated that after the debt from the fiduciary has been paid, there must be a report regarding the termination of the fiduciary guarantee. Lack of public awareness, especially fiduciary recipients, their proxies or representatives to apply for removal of fiduciary security objects that have ended at the Fiduciary Registration Office, henceforth, it is written off in the ONLINE Fiduciary Register Book which is mandated by the Fiduciary Security Law which may affect the administration of registration of the object of guarantee. This is important to avoid being re-imposed on objects of collateral that are still registered and also to protect the interests of the new creditors. The problems that arise areLegal Implications for Fiduciary Object Collateral That Has Not Been Deleted (Roya) And Re-registered In The ONLINE Fiduciary Application.From the results of the research that has been carried out, it is found that the legal certainty of fiduciary guarantees that registration is not deleted (roya) is in Article 25 of Law Number 42 of 1999 where the fiduciary recipient notifies the abolition of fiduciary guarantees to the Fiduciary Registration Office, this is added with Article 17 Government Regulation Number 21 of 2015 concerning Fiduciary Security Registration Procedures and Fees for Fiduciary Security Deed with a ban on re-fiduciary action. However, the lack of awareness of fiduciary recipients, proxies, or representatives and the absence of strict sanctions regarding the obligation to write off registration (roya) are obstacles in guaranteeing legal certainty for fiduciary security.Deletion of registration (roya) becomes legal protection for parties both juridically and administratively and provides certainty for the object that is guaranteed.]]>
<![CDATA[Urgence of Time Term Inclusion in Fulfillment of Rights & Obligations the Parties in Transaction Agreement ]]>
<![CDATA[Sri Utari]]>
<![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.3.3.871-883
<![CDATA[The binding agreement for the sale and purchase of land rights is a preliminary agreement made by the prospective seller and prospective buyer before the signing of the deed of sale and purchase before the PPAT. The contents are about the sale and purchase of land rights, but the format is only limited to a binding agreement made by a notary. The Sale and Purchase Binding Agreement is not specifically regulated, so the form and content vary according to the agreement of the parties who made it. However, in its implementation it is often not in accordance with what has been agreed, therefore it is necessary to have special rules so that the parties get legal certainty and protection. The purpose of writing is to describe and analyze the importance of setting the time period as well as the legal consequences that arise by not including the time limit of the rights and obligations of the parties involved. parties to the deed of agreement to bind the sale and purchase of land rights made before a notary. The method used in this study is a normative juridical approach using secondary data sources. The data collection technique used is literature study, then analyzed by qualitative analysis method using legal protection theory, legal certainty theory and justice theory. From the results of the research, it is concluded that: 1. The importance of the rules set by the government to specifically regulate the sale and purchase agreement deed so that the form of the deed made by a notary can provide legal certainty and protection. 2. The legal consequences of the absence of strict legal rules regarding the deed of agreement to bind the sale and purchase of rights to the land.]]>
<![CDATA[The Power of Proofing Use of Surrogate at The End of The Notary Deal ]]>
<![CDATA[Mucharoroh Mucharoroh]]>
<![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.2.4.390-396
<![CDATA[The objectives of this study are to: 1) To determine and analyze the legal strength of the Surrogate at the end of the Notary Deed. 2) To find out and analyze the evidence if there is denial of the Surrogate at the End of the Notary Deed. The approach method in this research is a statute approach, a conceptual approach and a case approach. The research specification used is descriptive analytical, which is to describe the results of the study with data that is as complete and detailed as possible. The data required includes primary data, secondary data and tertiary data that can support the assessment, which is then analyzed using descriptive analysis methods. Based on the results of data analysis, it is concluded that: 1) The power of the Surrogate Law at the end of the Notary Deed has perfect legal power, because based on UUJN, the formal requirements of the Authentic Deed are signatures from the tappers and also the attachment of letters and documents and fingerprints of the tappers on the Minuta Akta Notary is proof of the authenticity of a Deed that has perfect legal force, likewise Surrogate is a substitute for signatures and fingerprints which have the same power as the signature. 2) Evidence that if there is denial of the Surrogate at the end of the Notary Deed, the Notary can deny it by showing that the Deed is in accordance with the procedures and provisions ordered by law, by presenting the witnesses who signed the Deed accompanied by a sheet showing the use of the Surrogate accompanied by an attachment to the Doctor's statement which was stated at the End of the Notary Deed. As for the form of Notary caution in using Surrogate in the Notary Deed so as not to experience denial in the future. Notaries perform all obligations ordered by law. And in the event that there is a denial of the truth of the Surrogate by one of the parties who feels that his/her rights have been harmed which aims to invalidate the Deed, it must be based on a Court Decision which begins with a lawsuit and the responsibility of proving an Authentic Deed on the party arguing or who filed a lawsuit.]]>
<![CDATA[Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies ]]>
<![CDATA[Yeni Amalia]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Djunaedi Djunaedi]]>
<![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.3.3.1099-1107
<![CDATA[This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.]]>
<![CDATA[The Effect of the Increase in the Selling Value of Tax Objects - Land and Building Tax (NJOP - PBB) on the Transfer of Land Rights at the Notary Office - PPAT in Blora Regency ]]>
<![CDATA[Bryant Manggala Retnanindyani]]>
<![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.3.1.27-38
<![CDATA[The purpose of this study is to determine and analyze: 1). The process of transferring land rights to the Blora Regency Regional Regulation Number 15 of 2018 at the Notary Office - Land Deed Making Official (PPAT). 2) The effect of the increase in the Selling Value of Tax Objects - Land and Building Tax (NJOP - PBB) on the transfer of land rights 3) Barriers and efforts with the increase in the Selling Value of Tax Objects - Land and Building Tax (NJOP - PBB) on the transition process land rights at the Notary Office - PPAT Elizabeth Estiningsih, SHThe approach method in this research is juridical normative, namely research that emphasizes the science of law and tries to examine the rules of law that apply to the subject matter. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method is carried out by qualitative descriptive analysis.The results of the research resulted in the following conclusions: 1) In the registration of the transfer of their rights, the applicant can be represented by PPAT. Based on the Regional Regulation of Blora Regency Number 15 of 2018, one of the conditions for the transfer and registration of rights to land and / or buildings is proof of payment of fees for the acquisition of land and building rights (BPHTB). 2) The increase in the Sales Value of Tax Objects - Land and Building Tax (NJOP - PBB) certainly affects the process of transferring land rights, because it is not uncommon for the transaction value submitted by taxpayers to be deemed inappropriate by tax officials, so it is not uncommon for tax officials to be in the process. verification / validation, requesting that the transaction value be changed and adjusted according to the tax officer's assessment. 3) The Petitioner has objections to the tax to be paid. Where the tax value to be paid is very high, the NJOP also increases every year so that with an increasing NJOP, the tax to be paid is the estimated value determined by the BPPKAD exceeds the original sale and purchase value made by the parties. The Blora Regency Government must issue standard regulations so that there are no differences in the calculation of BPHTB.]]>
