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International Significance of Notary
Published by Universitas Islam Malang
ISSN : -     EISSN : 30253993     DOI : https://doi.org/10.33474/SIGN.v7i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
International Significance of Notary is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in several notary laws, particularly in developing and emerging countries. These may include but are not limited to various fields such as notarial, civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 129 Documents
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Legality Of Land Certificate Issued By Village Head As The Basis For Land Sale And Purchase Transaction Bima Bagaskara, Arga Nanda
International Significance of Notary Vol 6, No 1 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i1.25919

Abstract

Abstract : The village head  is the highest stakeholder in the  village community  where the authority  to decide a   community problem is in  the hands  of the village head. One of  these authorities is to resolve land allergy   problems  arising from  disputes, overlapping  ownership or other  problems arising from  misunderstandings The community in understanding the land problem.  This research has 2 (two)  problem formulations, namely (1) Can the   deed under  hand be used as the basis for issuing a certificate? (2) What is the  basis for a land certificate to  have legal force for the  landowner? The type of research  used in this  study is normative  research  , this   research uses a  statutory approach (statute approach) and   a comparative approach approach (comparative approach).  The results  of  this study are the  legal basis for the authority of the   village head in issuing  land certificates  and fungsi  land certificates as evidence of   guidance legal ownership of land.
LEGAL DUE TO THE FOUNDATIONS ASSETS TRANSFER BEFORE MAKING ADJUSTMENTS TO THE ARTICLES OF ASSOCIATION Mauida, Nia; Rokhim, Abdul
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23182

Abstract

The existence of foundations before the enactment of Government Regulation of the Republic of Indonesia Number 2 of 2013 concerning Amendments to Government Regulation of the Republic of Indonesia Number 63 of 2008 concerning the Implementation of the Law on Foundations has not been uniform regarding governancecits stance. Foundation establishment is still based on custom, doctrine and jurisprudence. For foundations that do not have the status of a legal entity, they can obtainlegal entity status by adjusting its articles of association by submitting an application to the Minister of Law and Human Rights no later than 1 (one) year from the date Law Number 28 of 2004 concerning Foundations came into effect. Foundations that were established before the enactment of Government Regulation Number 2 of 2013 and have not adjusted their articles of association may not transfer foundation assets.In this study, the type of normative juridical research uses a statutory approach, a comparative approach and a conceptual approach. The results of the study show that: first, the position of foundation assets before the enactment of Government Regulation Number 2 of 2013 is based on custom, jurisprudence and doctrine. While the position of foundation assets after the enactment of Government Regulation Number 2 of 2013 tercantum in Article 9 Paragraph (1) of the Law on Foundations which states that as initial assets the founder of the foundation is required to separate his assets and then hand them over to the foundation. Second, the legal consequences of transferring Foundation assets before making adjustments to the articles of association based on Government Regulation of the Republic of Indonesia Number 2 of 2013 refers to the provisions of article 71 paragraph (4) of the Law on Foundations, which states that a Foundation that does not adjust its Articles of Association cannot use the word " Foundation” in front of the name because legally, the status of a legal entity is not recognized formally, the consequence is that the transfer of foundation assets that is carried out becomes null and void (neitig van rechtswege) and is not recognized as a transfer of foundation assetsin a mannerlegal. Keywords: Legal Consequences, Transfer, Foundation Assets, Articles of Association
The Accountability Of The National Land Agency For The Issuance Of Double Land Certificates Sriwahyuni, Dewi
International Significance of Notary Vol 4, No 2 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i2.24349

Abstract

Abstract : A certificate is a valid proof of ownership what if there are multiple certificates, who is responsible for this is what the author raises with the formulation of the problem, including, 1) Legal Consequences of Multiple Land Certificates issued by the National Land Agency, 2) Forms of Accountability of the National Land Agency For Double Land Certificates that have been issued, 3) Settlement by the National Land Agency for Double Land Certificates that have been issued. The method used in this study is to use normative juridical research methods. Legal Approach.The results of the research on the Legal Consequences of Multiple Land Certificates issued by the National Land Agency are Causing legal uncertainty, public distrust of government agencies or the Ministry of Agrarian Affairs, Losses for both parties to the dispute, especially for those who are declared defeated in court, Cancellation or revocation of certificates based on Decisions State Administrative Court which has permanent legal force.Forms of Accountability of the National Land Agency for Multiple Land Certificates What has been issued is that the National Land Agency is directly responsible for all land issues related to the granting of rights and the issuance of multiple land certificates for the inaccuracy of the BPN in issuing the certificates,Among others 1) Principle of Responsibility Based on Elements of Error 2) Responsibility in Civil Law 3) Responsibility in Criminal Law 4) Responsibility in Administrative LawSettlement by the National Land Agency for Double Issued Land Certificates is a direct settlement by the party in consultation with the BPN mediator, this is in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases other than that Through arbitration and alternative dispute resolution.Keywords: Accountability, BPN, Double Certificate,
Agricultural Land Control Based On The Regulation Of The Minister Of Agrarian And Spatial Planning/ Head Of The National Land Agency Of The Republic Of Indonesia Number 18 Of 2016 Concerning Control Of Agricultural Land Tenure Sunardi, Sunardi; Suratman, H.; Mahmud Hanafi, Wildan
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25935

Abstract

Abstract: Control of Agricultural Land Tenure. Aims to control the use of agricultural land for housing or other functions other than agriculture. This is a problem, what if a citizen has land with agricultural status, then there are many things that have to go through until it can be divided and sold to other parties. The formulation of the problem of agricultural land division is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2016 concerning Control of Agricultural Land Tenure and the legal consequences if the division does not use the Site Plan issued by the Regency and City Governments. This research is normative research with a statutory and conceptual approach as a result of research on the Process of Dissolving Agricultural Land Based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2016 concerning Control of Tenure of Agricultural Land, if the author analyzes the legal system theory then , After the regulation was issued, it aimed to control agricultural land which would be converted into residential land, so that it was limited by this regulation, in theory the authority of the BPN was the institution appointed by the state to carry out control over the conversion of land, by cooperating with the relevant agencies. each district and city, among other things, by determining the RT RW of the city/district, with regard to the process of splitting agricultural land based on the authority of BPN, the applicant must submit a PERTEK to BPN. If in the RT RW the city is not included in green land then the land is permitted for splitting land plots, On the other hand, if the city/regency RT RW includes green land then the land plot will be rejected and the land will never be able to be submitted for land parcel splitting. Waiting for changes to the new district/city RT RW by submitting it to the central BPN ministry. This is in accordance with the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 1589/SK-HK.02.01/XII/2021 concerning Determination of Maps of Protected Rice Fields (LSD) in Regencies/Cities. Maps of protected rice fields/agriculture are used as material for The Central Government and Regional Governments are in accordance with their authority in determining sustainable food agricultural land in regional spatial plans and detailed spatial plans. Legal Consequences If the Separation of Agricultural Land Does Not Use the Site Plan Issued by the Regency and City Governments, if the author analyzes the theory of authority, it will be rejected because the set plan is absolutely mandatory for the process of dividing land plots exceeding 5 plots and agricultural land. 
One Day Service Land Registration After The Enforcement Of Decree Of The Head Of The National Land Agency Number 37/KEP-341/II/2014 Concerning The Quick Wins Program For The National Land Agency Bureaucracy Reform (Study At The Land Office Of Sidoarjo Regency) Sunardi, Sunardi; Muhibbin, Moh.; Subandi, Subandi
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24402

Abstract

Abstract : The One Day Service program through the Quick Wins program is a land service provided to the community aimed at changing work systems and mechanisms, mindset and work culture in a systematic and consistent manner in line with the goals and objectives of Bureaucratic Reform, so that in turn it can increase public trust in the Land Agency National Republic of Indonesia. The formulation of the problem in this thesis is 1) How is the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Regarding the Quick Wins Program for Bureaucratic Reform of the National Land Agency at the Land Office of Sidoarjo Regency and 2 ) What are the obstacles in implementing the One Day Service at the Sidoarjo Regency Land Office and how are the efforts to overcome these problems. This research is an empirical research with an empirical juridical approach and a horizontal and comparative approach. As for the results of the research on the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Concerning the Quick Wins Program Bureaucratic Reform of the National Land Agency At the Land Office of Sidoarjo Regency, the Applicant came to the Land Office with documents containing will be submitted, then, the Applicant goes to the registration counter to register, the Verifier file registration counter to do the Verification. If the files are complete, the files can be processed immediately and the Verifier officer immediately confirms in the land book section, then in the Land Book section the files are entered based on the files that have been entered and then in the land book section an SPS is issued, payment counter, the Applicant pays at the payment counter for his application based on the SPS given by the land book officer and then the applicant is given a receipt for proof of payment, the applicant then returns to the Verifier counter by showing the SPS and receipt proof of payment, only then the Verifier officer gives the STTD (Document Receipt) and the verifier officer gives confirmation in the printing department, after that the applicant's file goes to the printing department to be tidied up and determined in the land book regarding the type of application requested, such as the Roya application, Mortgage and so on for further analysis of the file, After completion of administration, the file d Submit it to the product submission counter, then the file is handed over to the applicant. The obstacles are the number of files submitted by the applicant which are incomplete so that verification is slow, the lack of facilities and infrastructure, especially the problem of counters and computerization so that the running of this program is not effective.Keywords, Land Registration, One Day Service
Peace Agreement For Bad Credit Cases Between Banks And Debtors Using Notary Services Hafid Arisanto, Muhammd
International Significance of Notary Vol 6, No 1 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i1.25924

Abstract

    Abstract: Notaries have a very important role in helping to create legal certainty and protection for the community. The Law on Notary Positions and the Notary Code of Ethics do not expressly prohibit Notaries from entering into agreements with any parties. The problem formulation for this thesis is how to arrange a debtor's peace agreement with the bank using the services of a notary and the contents of the peace deed and what if problems arise between the debtor and the bank. In writing this thesis, normative legal research or doctrinal legal research is used. Normative research is a type of research used by researchers to prepare this thesis. This thesis uses normative juridical research methods, through a statutory approach, a concept approach and a case approach The first result of this research is that the rules for a peace agreement between a bank and a debtor using the services of a notary are contained in the law, and secondly, the contents of what the parties do in resolving a dispute can be done with the help of a notary. Arrangements for peace agreements between banks and debtors in bad credit cases using notary services are contained in many laws. And the point is that delays in payments or bad credit can occur due to several factors, that's why this arrangement is made so that the parties don't feel at a disadvantage, and can also protect the parties from mistakes in the agreement. The form or content of the peace agreement between the bank and the debtor in the event of bad credit can be adjusted to the interests of the disputing parties, and the notary in this case is only a mediator or arbitrator.
THE ROLE AND FUNCTIONS OF THE NOTARY IN THE PROCESS OF HOUSE OWNERSHIP LOANS AT THE BANK AS AN EFFORT FOR ASSET SAFETY AND CLARITY OF LEGAL STATUS (Case Study at Bank BTN Malang Branch Office) Risdiyanto, Aries Dwi
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22160

Abstract

The need for a place to live, namely a house is very much needed by humans in their life. The house serves as a place to gather and communicate for the family. The ability in the economy makes it a consideration for every family to build or buy a residential house. Home Ownership Loans (KPR) are long-term loans provided by banks in collaboration with developers to make it easy for consumers to own their own homes by paying installments to the bank. Every financing or credit has a fairly high risk of default. The formulation of the problems to be discussed are: (1) What is the role and function of the Notary in the KPR process at BTN Malang? (2) What are the efforts for asset safety and clarity of legal status made by a notary?The type of research that will be used by the author is empirical juridical research. Data analysis was carried out in a qualitative descriptive manner. The problem approach uses a conceptual and statutory approach. By utilizing primary and secondary data obtained in the field through interviews and document studies.The results of this research are the role and function of the notary in terms of mortgage agreements, namely the notary acting as a public servant because he is appointed by the government to serve the community's needs for valid legal documents. Efforts for safety assets carried out by a Notary in a Home Ownership Credit (KPR) agreement by the State Savings Bank (BTN) Malang Branch, including making a Deed of Authorization to Sell, a Certificate of Imposing Mortgage Rights (SKMHT), and if a default debtor occurs, then Bank BTN Malang Branch submit an application to the Notary/PPAT to increase the Certificate of Imposing Mortgage Rights (SKMHT) to the Deed of Granting Mortgage Rights (APHT), which is then registered by the Notary/PPAT at the Land Office for the issuance of Mortgage Certificates. Keywords: Notaries, Mortgages, Bankin 
Implementation Of The Regulation Of The Minister Of Agraria And Spatial Planning/ Head Of The National Land Agency Of The Republic Of Indonesia Number 5 Of 2020 Concerning Electronic Integrated Liability Rights Services (Study At The Blitar City Land Office) Sunardi, Sunardi; Isnaeni, Diyan; Prisnawan, Ari
International Significance of Notary Vol 4, No 1 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i1.24344

Abstract

Abstract :  Entering the digital era in today's technological developments, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, hereinafter referred to as ATR/BPN, has launched electronic land services. The electronic service in question concerns digital or electronic mortgage services. This was marked by the publication of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 9 of 2019 concerning Electronic Integrated Mortgage Rights services, hereinafter referred to as Minister of Atr/Bpn Regulation No. 9 of 2019. And revoked and replaced with Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronic Integrated Mortgage ServicesProblem formulation 1) How to implement the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronically Integrated Mortgage Rights Services at the Blitar City Land Office. 2) What are the obstacles in managing mortgage rights (Ht-El) for individuals who are not financial institutions at the Blitar City Land Office. 3) What steps are taken by the Blitar City Land Agency to resolve these obstacles. The method in this research is empirical research with a sociological and legislative approach with data collection techniques using document studies, interviews.Results of research on the implementation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronically Integrated Mortgage Rights Services at the Blitar City Land Office. At first it didn't work well because it was a new product that had been implemented at the Blitar City Land Office, in other words it didn't work effectively. What are the Obstacles in Managing Mortgage Rights (Ht-El) for Individuals and Not Financial Institutions at the Blitar City Land Office? That the main obstacle often experienced by Htel users and administrators is the IT system on HT-el or the HT-el application which is still often problematic and lacking. human resources at ATR BPN Blitar City. What steps have been taken by the Blitar City Land Agency in resolving these obstacles, including server repairs and training for Blitar City BPN Atr officials as well as outreach to the community and PPAT. Keywords : regulations, mortgage rights, electronics.
JURIDICAL ANALYSIS OF CONSTITUTIONAL COURT DECISIONS NO. 18/PUU-XVII/2019 RELATED TO THE "LEASING" ANnotATION CAN STILL WITHDRAW COLLATERAL Sunardi, Sunardi; Rokhim, Abdul; Nafta, Ijtihada Mahirata
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22170

Abstract

The Constitutional Court's decision regarding the withdrawal of goods by leasing must go through the courts. according to MK spokesman Fajar Laksnono who stated that the contents of the Constitutional Court's decision "... there may no longer be withdrawals of leasing goods directly to creditors,". In addition, it also contains, "If there is a breach of contract or default, the execution of the fiduciary guarantee cannot be carried out by the fiduciary recipient (creditor), but must submit an application to the District Court,". It is this decision that makes pros and cons and makes its own interpretation. Regarding the "leasing" annotation, you can still withdraw. 18/PUU-XVII/2019 Regarding the "Leasing" Annotation You Can Still Withdraw Fiduciary Guarantees. And the Legal Consequences of the Constitutional Court Decision Regarding Fiduciary No. 18/PUU-XVII/2019, can creditors still carry out direct execution of fiduciary guarantees? By using the normative juridical research method, the results of the Juridical Analysis of the Constitutional Court's Decision on Fiduciary No. 18/PUU-XVII/2019 Regarding the "Leasing" Annotation You Can Still Withdraw Fiduciary Guarantees. Withdrawal of Leasing Goods Must Go Through Court”. stated that the contents of the Constitutional Court's decision "... there may no longer be withdrawals of leasing goods directly to creditors,". In addition, it also contains, "If there is a breach of contract or default, the execution of the fiduciary guarantee cannot be carried out by the fiduciary recipient (creditor), but must submit an application to the District Court,". You Can Still Withdraw Fiduciary Guarantees as long as the execution is carried out based on Article 29, Article 30 and Article 31 of the Fiduciary Law and is subject to other relevant laws and regulations, including but not limited to POJK 035/POJK.05/2018. And the Legal Consequences of the Constitutional Court Decision Regarding Fiduciary No. 18/PUU-XVII/2019 That is, whether creditors can carry out direct execution of fiduciary guarantees. leasing in withdrawing fiduciary guarantees and changing the way to deal with problems arising from bad loans can be done in two ways, including the following: 1) Non Litigation 2) Litigation OJK has also issued regulations related to the execution of collateral objects by Financing Companies, including: 1 ) Based on the provisions of Article 21 to.d. Article 23 and Article 51 of the Financial Services Authority Regulation Number 29/POJK.05/2014 concerning the Conducting of a Financing Company Business, stipulate provisions concerning the imposition of fiduciary guarantees by Financing Companies. 2) Based on the provisions of Article 49 of the Financial Services Authority Regulation Number 30/POJK.05/2014 concerning Good Corporate Governance for Financing Companies, a cooperation mechanism has been set up between Financing Companies and other parties to perform the collection function to debtors.Keywords: Constitutional Court Decision, Leasing, Fiduciary Guarantee.
Legal Validity Of Butonese Customary Collective Agreement Agreement On Land Use As Limestone Mine (Case Study Of PT. Diamond Alfa Propertindo With The Indigenous People Of Gumanano Village, Central Buton Regency) Rusman, Rusman
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24397

Abstract

Abstract : Indonesia is one of the countries that has thousands of islands, so each region has its own tribe and culture. The customary law of each region is different but still one under the auspices of the Indonesian state. Customary law is recognized, respected and protected by the state as long as it is still in accordance with the times as stated in articles 18B paragraph (2) and 28I paragraph (3) of the 1945 NRI Constitution. The purpose of this study is firstTo describe and analyze the legal validity of the Butonese customary agreement on land use as a limestone mine by PT. Diamond Alfa Propertindo second, To describe and analyze the legal consequences of customary buton agreements on the use of land as limestone mines by PT. Diamond Alfa Propertindo. The research method used is juridical Sociology with an approach to concepts and laws and regulations. The results of research and discussion show that first the validity of the agreement according to the western legal system based on the Civil Code Article 1320 which states that for the validity of the agreement 4 conditions are needed, namely, Agree they bind themselves, Ability to make an agreement, A certain thing, A lawful cause. while the validity of the contract according to Islamic Law must fulfill the pillars of the pillars, namely, Sighat al-aqad (declaration to bind oneself), Al-ma'qud alaih or Mahal alaqd (object of contract), Al-muta'aqidain or al-aqidain (contracting parties), Maudhu' al-aqd (purpose of contract). And the Validity of the Agreement according to Customary Law, namely, Adult or capable, the Principle of Agreement, the provisions that accompany the agreement but are not the validity of the agreement according to customary law. So it can be concluded that the customary agreement on the use of land as a limestone mine by PT.Diamond Alfa Propertindo i.e. legitimate. Both in review of customary law, Islam and the Civil Code. Both lands used for limestone mining are customary lands. To protect land rights in mining, there is an MoU and CSR. If in mining 86 there are irregularities committed by business actors, then the business license from the mining will be revoked.Keywords: Legal validity, Customary Agreement, and Land Use

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