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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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Carried Out By Deeds Under Hand Is Reviewed From The Civil Code And The Compilation Of Islamic Law Sunardi, Sunardi; Dewi Navisa, Fitria; Hasbullah, Hasbullah
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.v6i1.25923

Abstract

Abstract: In the law, lands that do not have a certificate cannot be said to be the property of the person who owns them. This is because the land does not have a valid certificate. Even if the land is obtained from inheritance, sale, grant, will or because of the customs of the local community, because if there is no strong evidence, then the land is not fully owned by the person who owns it. As for the formulation of the first issue raised, how is the legal force of grant land that is not carried out by a notary deed reviewed from the Civil Code and the Compilation of Islamic Law? Second, how is the settlement of land grants that are not carried out by a notary deed reviewed from the Civil Code and the Compilation of Islamic Law? This type of research is a normative study using a legal, constitutional approach and case studies that focus on grant dispute land that is not carried out by a notary deed. This research is descriptive in nature which aims to present clear and systematic details of the main problem. The legal force of the deed of grant of immovable objects, namely land, lies in the function of the authentic deed itself, namely as a valid evidence according to the law (Articles 1682, 1867 and 1868 of the Civil Code), that there must be authentic deeds as a means of proof. In order to be a valid evidence, the grant deed must be made and signed by the authorized official as well as the party bound to it. Meanwhile, according to Islamic law, an agreement under hand is a valid thing, but such an agreement cannot be a strong evidence. The basic similarity, both the civil code and the compilation of Islamic law, are equally valid that distinguishes them, namely in the power of law and proof. In resolving land disputes, both according to the civil code and the compilation of Islamic law can be done in various ways. Among other things, through the courts, complaints to the land office and peacefully through mediation. First, peaceful dispute resolution through mediation. As an alternative to land dispute resolution, mediation is a priority outside the court in order to reach consensus, a short dispute resolution time, a structured, task-oriented, and active participation.
IMPLEMENTATION OF ROYA PARTIAL OBJECTS OF COLLATERAL RIGHTS AFTER THE APPLICATION OF REGULATION OF THE MINISTER OF AGRARIA AND SPATIAL PLANNING / HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 5 YEAR 2020 CONCERNING ELECTRONIC INTEGRATED COLLATERAL RIGHTS SERVICES (Study at Land Office of Malang City) Sunardi, Sunardi; Suratman, H.; Ali Akbar, Jabbar
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.v3i2.23197

Abstract

In this digital era, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency seeks to keep abreast of developments by launching electronic services that can be used by Financial Institutions, regarding electronic Mortgage Rights, hereinafter referred to as HT-el, regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of Agency National Land Affairs Number 5 of 2020 concerning Electronic Integrated Mortgage Services which also regulates partial royalties. Article 17 Paragraph (2).Formulation of the problem 1) How to Implement Roya Partial Mortgage Objects Integrated Electronically in the Land Office of Malang City for Creditors and PPAT. 2) What are the Obstacles in the Implementation of Roya Partial Objects of Mortgage Rights Integrated Electronically Faced by Users of Electronic Mortgage Services and Their Settlement Efforts. This research method uses an empirical juridical method with a statutory and sociological approach.The results of research on the Implementation of Roya Partial Mortgage Objects Integrated Electronically in the Land Office of Malang City for Creditors and PPATs are carried out in accordance with regulations. Namely a partial Roya can be done if in the APHT, in which there are several mortgage objects that are guaranteed, a roya agreement (crossing out) is stated for some (partial) mortgage objects whose debt payments have been paid off. The inclusion of this agreement is actually the basis for enacting a partial royalty in the mortgage certificate by the land office. Because if it is not agreed upon, what will apply are the provisions for the implementation of the roya as a whole, as stipulated in Article 2 paragraph (1) of the Mortgage Law, which states: "The mortgage has the nature of not being divided, unless it is agreed in the deed of granting mortgage rights as referred to in paragraph (2).Constraints in the Implementation of Roya Partial Objects of Mortgage Rights Integrated Electronically. Obstacles 1) overlapping rules, 2) the roya process sometimes exceeds 5 working days this is caused by a) high electronic roya submissions, b) lack of public awareness, c) NIK that is not validated, d) unpreparedness from related agencies (ATR BPN) e) system from the ministry which sometimes often errors. The efforts to overcome this are 1) if the guarantee is more than 1 guarantee, it can be used as long as it is promised 2) it is conveyed to the debtor or creditor to take care of the loan as soon as possible 3) For obstacles regarding the readiness of the ATR / BPN Malang City HR, namely by held training and on the implementation of electronic-based Roya Partial, besides that the ministry held improvements to the HT-el and roya HT-el systems. Keywords: Partial Roya, Mortgage-Electronic Rights
The Legal Consequences Of Serial Marriage For Wives And Children Are Reviewed From The Constitutional Court Decision Number 46/PUU-VIII/2010 And The Compilation Of Islamic Law On The Civil Of Children Against Fathers In Serial Marriages Nagib, Atikah
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.v4i1.24345

Abstract

Abstract : Children are gifts from God Almighty that must be maintained and protected because in children are attached dignity, dignity, and rights as human beings. For a child born from a valid marriage has a clear legal position so that obligations and rights arise between parents and children whereas, based on Article 43 of Law No. 1 of 1974 stipulates that "Children born out of wedlock only have civil relations with their mother and her mother's family". The research method used in this study is normative legal research, which uses the statutory approach method (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary, secondary and tertiary legal materials and the legal material analysis techniques used in this study are qualitative descriptive analysis.The results of the research that has been conducted state that the decision of the Constitutional Court Number 46 / PUU-VIII / 2010 strengthens between religious norms and Indonesian legal norms, so that children outside marriage are entitled to their rights recognized by the state. Basically, between the decision of the Constitutional Court No. 46/PUU-VIII/2010 with article 99 KHI and article 53 KHI, all of them aim the same, namely to protect women as mothers and children before the law.  And based on the Constitutional Court Decision Number 46 / PUU / VIII / 2010 it can be that an extramarital child has a civil relationship with his father as long as it can be proven by Science. Civil relations arising from this blood relationship include legal relations of rights and obligations between children and their fathers in the form of nasab relationships, mahram relationships, rights relationships, inheritance relationships and guardianship relationships. Keywords: legal consequences of children, serial marriage, Constitutional Court rulings
LEGAL CONSEQUENCES OF LOSS OF FIDUCIARY GUARANTEE OBJECT IN BANK CREDIT AGREEMENT Sadewo, Imron; 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.v3i2.23198

Abstract

The banking industry is one of the important components in the national economy which aims to maintain a balance in the progress and unity of the national economy itself, the stability of the banking industry itself is very influential in overall economic stability as experienced from the occurrence of the monetary and banking crisis in Indonesia in 1998, With the existence of a guarantee agreement that was agreed at the beginning when the agreement was being held that the debitor must provide a fiduciary guarantee like  movable property such as a car, with this way the collateral object must exist so that with the collateral object (car), then this has been limited to other collateral objects such as immovable collateral objects such as certificates of houses, land and so on. The formulation of the problems to be discussed are (1) What are the legal consequences of the bank's credit agreement for the loss of the fiduciary guarantee object due to the negligence of the debtor? (2) What are the legal remedies taken by creditors for the loss of fiduciary collateral objects due to the debtor's negligence? The research method of this thesis uses normative research method, it means that the issues raised, discussed and described in this research are focused on applying the rules or norms in positive law. The problem approach uses a statutory approach and a conceptual approach with legal materials consisting of primary, secondary and tertiary legal materials. The research results show that: First, the legal consequences of the agreement for the loss of the fiduciary guarantee object due to the debtor's negligence is the credit agreement does not have a fiduciary guarantee, so that the debtor's position changes from a preferred creditor (prefent) with special material guarantees (fiduciary) to a concurrent creditor who does not have special material guarantees. Second, the legal remedies taken are (a) asking the debtor to immediately return the credit loan to the creditor as a responsibility for the collateral that has been lost; and/or (b) suing for compensation for lost fiduciary collateral objects based on article 1365 of the Civil Code Keywords: loss of objects of fiduciary guarantees, bank credit agreements
Notary Responsibility For Lost Authentic Deeds Salsabila, Sabila
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.v5i1.24398

Abstract

Abstract : Notary as public officials has to obey and submit to applicable regulations, adhere to the Law on the position of Notaries and also adhere to the Notary's ethics code.  If a Deed which is made by the Notary gives rise to a dispute or lawsuit, so this deed needs to be questioned. This research focuses on studying legal protection for notaries in making deeds related to the fake documents by related parties. This research uses normative legal research by examining library materials. The result of this research is making a deed by a notary that carry out systematically according to the positive law of making a deed by paying attention to the structural stages of the procedure for making a deed. The principle of caution in making a deed must be possessed by every notary in order to create an authentic deed which is legally strong. Notaries in carrying out their duties have the right to recusal, the right to leave, and the right to receive an honorarium for their legal services. Deeds is made based on forged documents can become null and void after going through a series of court procedures. Notaries as passive parties in making deeds using fake documents cannot be caught in the law.Keywords: Notary, Deed, Fake Document
The Legal Validity Of Reading A Notary Deed In Front Of The Confronter Via Video Conference Husnul Amirah, Anggi
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.v4i1.24334

Abstract

Abstract : Notaries are required to read the contents of the deed to ensure that the parties know all relevant information and clear its contents. Article 16 of the UUJN-Amended regulates how notaries should carry out their duties in making authentic deeds. Indonesia is currently in the era of information and communication technology (ICT) which introduces cyberspace (cyberspace, or virtual world) through the internet and allows communication through electronic media that does not require paper. Through this electronic medium, a person will enter a virtual world that is abstract, universal, and does not depend on location and time. Problem Formulation in research How to use electronic systems in making authentic deeds and How is the legal validity of reading deeds by notaries in front of the face through video conference. The research method used is normative juridical with an approach to concepts and laws and regulations. The results of research and discussion show that: First, there is still a lack of laws and regulations governing the use of electronic systems in making deeds, so that in making notarial electronic deeds unreliable, the use of cyber notaries is also not clear enough because the authentic deed itself still conflicts with the requirements of the mechanism in making deeds. Second, the legal validity of reading the deed before the confronter via video conference is considered invalid, because basically it does not have strong legal force and not all technological actions with video conference capabilities can be carried out. If the notary and the parties do not meet the conditions to face off under Article 40 of Law Number 2 of 2014 concerning the Notary Position when reading an authentic deed, then the status of the deed can change which was originally considered authentic and has the strongest evidentiary power to become a deed under hand.Keywords: Reading, Deed, Video Conference. 
THE RESPONSIBILITIES OF THE NOTARY THIRD PARTY SERVICES (REALTOR) TO GET CLIENTS Gafur, Abdul; Pramono, Budi; Sunardi, Sunardi
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.v3i2.22174

Abstract

Notary is a profession with a very noble position (nobile officium). because of why a notary is burdened with obligations and prohibitions to obey. sometimes notaries are often negligent in their actions, this is triggered, by the increasing number of new notary graduates, giving rise to unhealthy competition however. This competition sometimes takes the form of ethical violations committed by a notary, such as using the services of other parties (brokers) to get clients. so this needs to be examined further regarding "the responsibility of a notary who uses the services of a third party (broker) to get a client" The rules or norms in positive law. The problem approach uses statutory approaches and approaches, with legal materials consisting of primary, secondary and non-legal materials. In the responsibility of a notary who uses the services of a broker to get a client, it is of course against the principle of decency contained in the laws and regulations for the position of a notary and is not justified and not allowed in the provisions of the notary's code of ethics, there are at least three aspects that can be accounted for by a notary. Moral responsibility, professional technical responsibility,legal responsibility. then in legal consequences for notaries who use brokerage services in finding clients can be charged with imposing sanctions by the honorary council as stated in article 6 of the notary's code of ethics, these sanctions are in the form of, reprimand, warning, scoring (temporary dismissal) from the association association, Onzetting (dismissal) from to members of the association, dishonorable discharge from the association.Keywords: Notary Responsibilities, Using Broker Services, Clients
Implementation Of Presidential Regulation Number 59 Of 2019 Concerning Control Of Transfer Of Function Of Rice Land (Study At The Jombang Regency Land Office) Sunardi, Sunardi; Muhibbin, Moh.; Pratiwi Wiranita, Indriet
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.v5i1.24393

Abstract

Abstract : Controlling the conversion of paddy fields is one of the strategies to increase domestic rice production, so it is necessary to accelerate the determination of the Map of Protected Paddy Fields (PLSD). So far, Law no. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, along with Government Regulation (PP) No. 1 of 2011 concerning the Determination and Transfer of Functions of Sustainable Agricultural Land and Presidential Regulation Number 59 of 2019 concerning control of the conversion of paddy fields. The narrowing of agricultural land in Jombang Regency is due to the construction of housing which is increasing every year. The formulation of the problem 1) How is the implementation of Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields as a form of government prevention of the conversion of paddy fields at the Land Office of Jombang Regency 2) What are the obstacles and efforts to overcome obstacles to implementing Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields in managing land at the Jombang District Land Office, 3) What is the legal protection for paddy fields that have been protected since the enactment of Presidential Decree Number 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. By using empirical research methods with research locations Jombang district land office. The results of the research on the implementation of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields as a preventive form for the government regarding the conversion of paddy fields at the Jombang Regency Land Office, in theory have not gone smoothly, but for signs for developers not to free up paddy fields as comfortably as possible used for housing or settlements. However, on the other hand, it creates a new problem for individual applicants because for individual applicants who wish to apply for separation of rights to inherited or non-inherited land, if the RTR block map includes the LSD map. Obstacles and efforts to overcome obstacles to the implementation of Presidential Regulation Number 59 of 2019 concerning the conversion of paddy fields in land management at the Jombang Regency Land Office, the form of settlement includes 1) Completion in the context of Completing Map Data of Protected Paddy Fields 2) Completion of Protected Paddy Fields in Accordance with Areas/Zones of Food Crops in the Spatial Plan 3) Settlement of Protected Paddy Fields that are Not In Accordance with the Areas/Zones of Food Crops in the Spatial Plan. Legal protection for paddy fields that have been protected since the enactment of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. Food security will be maintained and to maintain protected paddy fields so they don't become residential land.Keywords: LSD, BPN, Rice fields, housing
The Role And Responsibilities Of A Notary In Providing Legal Understanding To The Public In Relation To The Preparation Of Notarial Deeds (Study At A Notary Office In Malang) Nurjanah, Nurjanah; Sunardi, Sunardi
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.v6i1.25929

Abstract

Abstract : The aim of this research is to find out and examine the public's understanding of notarial deeds and their functions; the role and responsibilities of notaries in providing legal understanding to the public regarding the making of notarial deeds; as well as what obstacles are experienced by notaries and efforts to overcome obstacles in providing legal understanding to the public regarding the making of notarial deeds. This research is a type of sociological juridical research, which in other words is a type of sociological legal research and can also be called field research, namely examining applicable legal provisions and what is happening in reality in society or in other words, namely research conducted on actual conditions. or real situations that occur in society with the aim of knowing and finding the facts and data needed, after the required data is collected it then leads to problem identification which ultimately leads to solving the problem. This research is included in empirical research, because it wants to know the role of notaries in providing understanding of society's law. The results of this research are (1) the role and responsibilities of notaries in providing legal understanding to the public in relation to making notarial deeds, carried out by providing legal advice to their clients in accordance with article 15 paragraph (2) letter e UUJN. (2)The obstacles experienced by notaries in providing legal understanding to the public in relation to making notarial deeds include the low level of basic education in the community, lack of legal knowledge among the community, and distrust of the legal process. People often have difficulty understanding the legal terminology and procedures required to make a notarial deed, and do not understand the importance of notarial deeds in protecting their rights and providing legal certainty (3). Meanwhile, efforts to overcome obstacles are through counseling by notaries in villages, schools and places of worship, as well as improving clear and effective communication, are important steps to clarify complex legal concepts for society. Regular training and seminars also support the professionalism of notaries in carrying out their duties well. Through collaboration with the Indonesian Notary Association (INI)..

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