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Fakultas Hukum Universitas Jember Jl. Kalimantan No. 37, Krajan Timur, Sumbersari, Jember, Jawa Timur 68121 ​​https://law.unej.ac.id sekretariat.fh@unej.ac.id 0331 - 335462
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INDONESIA
Jurnal Ilmu Kenotariatan
Published by Universitas Jember
ISSN : 27231011     EISSN : 27231011     DOI : 10.19184/JIK
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL ILMU KENOTARIATAN merupakan Jurnal yang diterbitkan oleh Fakultas Hukum Universitas Jember yang bertemakan Ilmu Hukum berkaitan dengan Kenotariatan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, khususnya Hukum Kenotariatan. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang kepada penulis untuk mempublikasikan pemikiran hasil penelitian orisinalnya, baik para akademisi yaitu mahasiswa maupun dosen, ataupun para praktisi hukum. Fokus dan Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum yang berkaitan dengan bidang kenotariatan dengan topik-topik sebagai berikut: Hukum Kenotariatan. Hukum Pertanahan. Cyber Notary. Hukum Perdata. Hukum Bisnis. Hukum Administrasi. Hukum Internasional. Hukum Acara. Hukum Dan Masyarakat. Hukum Informasi Teknologi dan Transaksi Elektronik. Hukum Hak Asasi Manusia. Hukum Kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Accountability of Temporary Land Deed Official Not Included as Defendants in Deed Revocation Rulings: Study of Verdict Number 601/Pdt.G/2020/Pa.Tnk. Nilna Firkhana Soraya; Sukarmi; Patricia Audrey Ruslijanto
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This study examines the role of the Temporary Land Deed Official (PPATS) in the issuance of legally defective deeds. The case, as adjudicated in Verdict Number 601/Pdt.G/2020/PA.Tnk, indicates that the PPATS was neither designated as a Co-Defendant nor held materially liable to the disputing parties. In the court's consideration, the judge reasoned that the PPATS was not directly implicated in the case since the Grant Deed (Akta Hibah) was not annulled, but rather the "grant" itself. Nevertheless, the judge ruled that the Grant Deed was legally defective, lacked binding legal force, and was declared null and void by operation of law. Consequently, the verdict contains a formal defect (plurium litis consortium) due to the absence of a complete set of necessary parties in the lawsuit, which, in principle, should have resulted in the dismissal of the case. This study addresses two main issues: (1) the legal consequences of a Grant Deed that is null and void by operation of law, and (2) the actions that the PPATS can take to maintain their integrity and professional accountability in the event of such a declaration. This research employs a normative legal approach, utilizing the theory of legal responsibility as its analytical framework.
Urgency of Regulating the Registration of Land Rights For Former Foreign/Chinese Assets Lucy Erdika; Patricia Audrey Ruslijanto; Supriyadi
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

The issue of legal certainty of land rights can be traced back to the history of the birth of the Indonesian nation, which is known to have had several periods of population settlement in its development. One of these issues is the Assets of Chinese Foreigners. It is known that the government has determined that Former Foreign/Chinese Assets has existed since 1957 and is a reaction to the emergency situation at that time. Normatively, the regulation of Former Foreign/Chinese Assets settlement refers to the Regulation of the Minister of Finance Number 62/PMK.06/2020 concerning the Settlement of Former Foreign/Chinese Assets. In this legal principle, there are four methods of settling Former Foreign/Chinese Assets, including being determined as assets of government agencies, being released with payment of compensation to the state, being returned to the legitimate party, and being declared completed under certain circumstances. In fact, the continuation of Former Foreign/Chinese Assets to this day is still a polemic in society. Moreover, it is known that in the settlement of Former Foreign/Chinese Assets assets there is a phenomenon of lawsuits between the state and its people. Of course, this is something strange, especially since the object of the lawsuit is a land title certificate which is in fact the result of a legal product from the state itself. So it requires further study regarding the obstacles and obstacles to completing Former Foreign/Chinese Assets.
Legal Implications of the Transfer of a Testamentary Grant's Object to Another Person by the Testator Putri Thania Dewinta; Abdul Madjid; Dyah Widhiawati
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This research is motivated by a lawsuit filed by Imelda Sanny Chandra (Plaintiff) against her grandmother, Mrs. Tinningrum Tjandra (Defendant I), regarding the transfer of a testamentary grant object—a plot of land and a building in Surabaya—to Mrs. Koesoemo Dewi Raharjo (Defendant II) through a sale and purchase agreement. The Plaintiff argues that the object rightfully belongs to her based on Testamentary Grant Deed Number 119, which was executed by Defendant I before a Notary in Jakarta. One of the clauses in the deed states that the object would be transferred to the Plaintiff upon reaching the age of 30. Currently, the Plaintiff is 32 years old and intends to reclaim the testamentary grant object. Ruling Number 3258 K/Pdt/2023 in conjunction with Ruling Number 1270/Pdt.G/2021/PN.Sby declared the Testamentary Grant Deed valid and annulled the agreement between Defendant I and Defendant II. However, in the context of Article 958 of the Indonesian Civil Code  concerning the execution of testamentary grants and Article 996 of the Civil Code regarding the revocation of testamentary grants, this study aims to analyze the legal nature of testamentary grants and the juridical implications of the grantor transferring the object to another party. The goal is to provide legal certainty regarding the testamentary grant deed, the sale and purchase binding deed, the power of attorney to sell, and the sale and purchase deed issued in connection with this ruling. This research employs a normative juridical method with a legislative approach, a teleological approach, and a case approach. The data sources include primary, secondary, and tertiary legal materials. The analysis is conducted through grammatical and systematic interpretation.
Legal Certainty of Regulations on the Obligation to Notify the Minister Regarding Legal Status of Fiduciary Collateral Meidiana Indah Lestari; Reka Dewantara; Mohammad Hamidi Masykur
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

The Fiduciary Guarantee aims to provide legal certainty for the parties involved; however, inconsistencies and ambiguities in its regulatory framework create contradictions regarding legal certainty. Law No. 42 of 1999, Government Regulation No. 21 of 2015, and Minister of Law and Human Rights Regulation No. 25 of 2021 fail to consistently regulate the obligation to remove fiduciary guarantees and do not provide legal certainty regarding the status of fiduciary objects if their removal is delayed beyond 14 days. This lack of clarity has the potential to harm the public, particularly fiduciary grantors who have fulfilled their obligations but face obstacles in the guarantee removal process. Furthermore, the incomplete regulation on fiduciary removal leads to legal uncertainty. This study examines the Juridical Implications of the Regulation on the "Obligation to Notify the Minister"concerning the validity of the legal status of fiduciary guarantee objects. Although the guarantee terminates upon full repayment of the debt in substance, the absence of an official notification results in the fiduciary object remaining an active guarantee in the system, creating legal uncertainty. This study employs the legal certainty theory and adopts a normative juridical approach combined with a statutory approach. The legal materials used include primary, secondary, and tertiary legal sources, collected through literature research and analyzed using grammatical, systematic, and extensive interpretation.
Front Cover JIK Vol. 6 No. 1: May 2025 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

Back Cover JIK Vol. 6 No. 1: May 2025 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

Legal Reformulation of the Transfer of Rights To Guaranteed Objects Through Foreseen Collateral Yuniar, Lisa Mega; Dewantara, Reka; Jauharoh, Arini
Jurnal Ilmu Kenotariatan Vol. 6 No. 2: Nov 2025
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v6i2.53696

Abstract

Foreclosed Assets is one of the mechanisms used by banks in settling non-performing loans without having to go through lengthy and complicated auction procedures. Although the Foreclosed Assets mechanism has been regulated under Article 12A of Law No. 4 of 2023 on Development and Strengthening of the Financial Sector, in practice—particularly in the context of bankruptcy—there remains legal uncertainty. This is due to inconsistent regulations between the Mortgage Law, the Banking Law, and Supreme Court Circular No. 3 of 2023. This research aims to analyze the Foreclosed Assets mechanism juridically within the context of bankruptcy and to formulate a reformulation of legal arrangements concerning the transfer of rights over collateral objects through the Foreclosed Assets mechanism to ensure legal certainty. This study employs a normative juridical method using statute and conceptual approaches. The results of this study show that the implementation of Foreclosed Assets, both through auction and outside auction, has different legal consequences. Foreclosed Assets conducted through auction has a sufficiently strong legal basis, while Foreclosed Assets conducted outside auction—which generally uses Sale and Purchase Agreement and Power of Attorney to Sell—still presents legal uncertainty. This is due to the absence of technical regulations specifically governing the procedures and forms of documents in the implementation of Foreclosed Assets outside auction. Furthermore, the use of PPJB as the legal basis for the transfer of rights in Foreclosed Assets practice has the potential to conflict with the pactum commissorium principle as regulated in the Mortgage Law. This reformulation is essential to clarify the legal position of banks over acquired collateral as well as to uniformly regulate valid legal document formats in the Foreclosed Assets mechanism, thereby providing legal certainty for banks, debtors, notaries, receivers, and other related parties.

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