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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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Determination Of The Selling Price Of Auction Land Is Below Standard According To Minister Of Finance Regulation Number 213/PMK.06/2020 Najiyah, Balqis
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.v4i2.24346

Abstract

Abstract: This research is motivated by the problem of many defaults or injuries to promises or defaults on the part of the debtor which then encourages creditors to conduct auctions as a result of which there are often auctions that are not as expected, namely the existence of auctioneers below a reasonable price limit. The purpose of this study is to determine and analyze the importance of determining the selling price of auction land below the standard according to the regulation of the minister of finance 213 / PMK.06 / 2020, the modus operandi of determining the selling price of auction land under the standard set by the regulation of the minister of finance number 213 / PMK.06 / 2020, This research uses normative juridical research methods in the form of a statutory approach (statute approach) and conceptual approach (conceptual approach). Research data is sourced from secondary data sourced from primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed in a qualitative descriptive manner. The results and the first discussion show that the determination of the selling price of auction land in determining the limit value based on the appraisal of the appraiser or the estimator of the estimator, the estimator here is the internal party of the seller or the party appointed by the seller to make an assessment based on a method that can be accounted for. the second, The modus operandi in determining bank auction prices is initially setting a limit value above the liquidation value, but at the time of the auction there is no auction buyer, so at the time of re-auction the limit value price continues to be lowered until a winner / auction buyer is found. Third, the determination of the limit value of the execution auction carried out far below the market price will harm the debtor as explained in article 1365 of the Indonesian Civil Code which discusses Unlawful Acts (PMH). The limit value must be determined first by the seller based on the assessment results of the appraiser where the auction limit value as low as possible must be in accordance with the liquidation value so that the auction office has the authority to reject the auction application submitted by the seller if it is not in accordance with the predetermined standards so as to ensure a sense of justice for the parties. The modus operandi in determining auction prices carried out by banks, first banks use liquidation value as the limit value, is, banks initially set the limit value above the liquidation value but at the time of auction there is no auction buyer. The determination of the execution auction limit value that is carried out far below the market price will harm the debtor as explained in article 1365 of the Indonesian Civil Code which discusses Unlawful Acts (PMH)Keywords: Standard, Auction Land, Minister of Finance Regulation Number  
Role of Notary in Registration Electronic Fiduciary (Study at Notary Office Weny Masitawati S.H , M.Kn) Pulung Sedono, Hafidh
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.v4i1.23091

Abstract

Abstract : The registration of fiduciary guarantee changed from a manual system to an online system. It is stipulated in Government Regulation No. 21 year 2015 About Fiduciary Guarantee Registration Procedures and Creation of Deed MakingFiduciary Guarantee Fees. But there are weaknesses in the implementation of its registration. The weakness contained in Article 4 that the regulation of fiduciary guarantee for registration period are 30 days after the deed was signed, but it did not give the arrangements for fiduciary guarantee which have not been registered after the government regulations was applicable. This study aims to investigate the implementation of fiduciary guarantee registration by government regulation and find out a solution to the shortcomings of the regulation. This research is an empirical jurisdiction with descriptive analytical approach, whereas the data obtained from primary data through interview the speakers, while secondary data obtained from the legislation and the literature. The Government Regulation No. 21 year 2015 About Fiduciary Guarantee Registration Procedures and Creation of Deed MakingFiduciary Guarantee Fees is an arrangement falsifies of fiduciary guarantee registration system from a manual system to an online system. That government regulation settingthe time of fiduciary guarantee period with online registration, the fiduciary guarantee who have not registered online after the government regulations was applicable, the fiduciary guarantee will fall by itself, so it must be made the a fiduciary guarantee and registered immediately with online systemat the notaryoffice. Keywords : Registration, Fiduciary, Notary, Online System
Application Of The Principles Of Carefulness And Accuracy For Notaries In Drafting Deeds (Study At The Notary Office Of Herny Wahdaniyah Wahab, S.H., M.Kn.) Yudha Pradina, Sheilla
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.v5i1.24399

Abstract

Abstract : A notary in his position as a public official who has the authority to make deeds, makes the deeds he makes have very perfect evidentiary power. In this case, all deeds made by a notary or before a notary must be carried out with the principles of prudence, thoroughness and responsibility, because notary is a position that is obtained from the trust given by the law and society. In this case, the formulation of the problem in this research is as follows (1) What is the form of the Principle of Prudence and Accuracy for Notaries in making Deeds (2) What are the Responsibilities of Notaries for deeds that have been made but there are errors or mistakes such as typos? and the identities of the parties are wrong. This research is included in empirical research using a qualitative research approach. In this research, there are the following conclusions. The forms of the principle of prudence and accuracy for notaries in making deeds are as follows: (1) The form of the principle of prudence that is applied and implemented is as follows: (1) verifying the facing data, ( 2) accommodate the wishes of the parties, (3) Review/double check the data and deeds made. The form of the prudential principle applied and implemented in this case is in accordance with the prudential principle in banking, namely the 4P formula: Personality, Purpose, Prospect, and Payment. The form of accuracy that can be carried out by a notary is to check/scrutinize the identity of the presenters, including signatures, photos, fingerprints, objects and deeds before/after being printed before/after being read in front of the presenter. (2) The responsibility of the Notary for deeds that have been made but contain errors or errors such as typos and incorrect identities of the parties is the Renvoi method. In this case, there is a form of civil liability that can be carried out by a notary if the error can cause losses. This is regulated in Article 1365 of the Civil Code.Keywords: Prudence, Accuracy, Responsibility
Consumer Legal Protection Against The Purchase Of Legalized Land Lands Which Are Only Waiting For A Certificate Of Resolution Sunardi, Sunardi; Rokhim, Abdul; Wiratamja, Novieyani
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.v6i1.25928

Abstract

Abstract: What if the sale and purchase of plots of land that have been sold by the developer but there is still no splitting of the plot of land and it has already been sold, then the developer will make a letter of agreement which is legalized by a notary, can this be detrimental to the buyer and what is the certainty? the law is because the certificate is not certain to be in the name of the buyer, as well as the form of legal protection for the buyer. The problem formulation is as follows, What is the legal protection for consumers for the purchase of plots of land where the agreement is only legalized by a Notary? How is the strength of the agreement to buy and sell plots of land under the hands of the legalization by a Notary before the issuance of a split certificate according to the Civil Code and UUJN and. This research uses a normative research method with a statutory regulatory approach and a case approach, namely a case approach carried out by examining cases related to the legal issues faced, the results of research on Legal Protection for Buyers for Purchasing Land Plots Based on A private deed that is legalized by a notary is only so that there is certainty regarding the veracity of the signature contained in the private deed, and also certainty regarding the truth that the signature is truly the signature of the Parties; so that the seller immediately with a legalized private deed can receive payment for the plot of land before handing over, however, the buyer demands the implementation of the private agreement and the buyer gets a guarantee from the seller to guarantee that the object of the agreement is in control of the object being sold. safely and securely and guaranteeing against hidden defects, this is in accordance with article 1492 of the Civil Code. Meanwhile, protection for notaries must be in accordance with article 66 UUJN and notaries who legalize the deed below are only responsible for the authenticity of the signatures of the parties and the certainty of the legalization date. A private deed that is legalized by a Notary has the power of proof that is not the same as an authentic deed, because the signature contained in the private deed can be denied by the person signing and the party submitting it as evidence must prove its truth through other evidence or witnesses. And a private deed that is legalized does not qualify as an authentic deed, where one of the requirements for an authentic deed is that it is made by an authorized public official, while a private deed that is legalized by a notary is made by the parties.
Notary Responsibility For Lost Authentic Deeds Andriawan, Moh.
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.v4i1.24338

Abstract

Abstract: An authentic deed is binding evidence which means the truth of the things written in the deed must be recognized by the judge, the deed is regarded as true as long as it is true that no other party can prove otherwise. This deed will be perfect proof in the eyes of the law. The deed received by the parties concerned with the information is usually in the form of a copy, quotation, derivative, or copy of the original deed will be stored in the Repertorium (where the official who issued the deed). So, if there is a problem or problem related to the information written on a deed, then confirmation only needs to be done directly to the place of the official who issued the information legally, there is no type of deed that is fake if it has been issued by an official authorized by the state. So what happens if a notary in carrying out a position finds the loss of an authentic deed that should be stored properly and correctly, outside of the occurrence of force majeure due to natural disasters, because the notary at the time of carrying out his position must be guided by  Article 16 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary ("Law 2/2014")  which must be obeyed and obeyed by the notary at the time of appointment and office from the date of appointment as a notary and until the retirement of the notary position he holds, because the Authentic Deed is a state document and is hereditary.Keywords: Notary, Responsibility, Authentic Deed
The Power Proof Of Deed Under Hand Is Associated With The Authority Of Notary In Legalization And Waarmerking Based On Law Number 2 Of 2014 On Notary Position (Study On Several Notary Offices In Malang Regency) Ba’agil, Hamzah; Suratman, Suratman; 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.v3i2.22172

Abstract

the deed under hand is a free-form deed. The making of which does not have to be in the presence of an authorized public official, still has the power of proof as long as it is not denied by the maker and if it must be proven, the proof must also be equipped with witnesses and other evidence. Deed under hand can be made by a notary. It can be in the form of legalization and waarmeking. So it can formulation of the problem as follows: 1. What is the notarial authority related to the deed under the legalized hand legalisasiand waarmerking ?, 2. How is the strength of the deed under hand that has legalisasi dan been legalized andwaarmerking in proving the case at trial ?, 3. What is the notary's responsibility for the deed under the hand that has legalisasi dan been legalized and waarmerking?. The research method used is empirical juridical approach. It can be concluded that the notarial Authority related to the deed under legalisasi the legalized and waarmerking, in accordance with the notary's definition based on Article 1 Item 1 joint article 15 Paragraph 1 and 2 of Law Number 2 of 2014 concerning the position of notary, that the Notary is authorized to certify the signature and book The Deed. The power of proof of the deed under the legalized hand and waarmerking in civil cases legalisasi , as long as the deed under the legalized hand is not denied or denied by the parties, the deed under the hand has perfect legal force. The notary's responsibility for the deed under the hand that has been legalized and waarmerking, the notary does not have public responsibility in the deed under the hand that is legalized or waarmerking, the notary is responsible for ensuring that the parties who sign and make the agreement.Keywords: Power Of Deed, Notary, Legalization, Waarmeking 
Application Of Marriage Age According To Law Number 16 Of 2019 Concerning Amendments To Law Number 1 Of 1974 Concerning Marriage (Study At The Malang Regency Religious Court) Usman Thalib, Jihad
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.v5i1.24394

Abstract

Abstract : This study is behind the determination of the age limit for marriage is very important because in addition to wanting biological maturity also psychological maturity. So in the general explanation of the marriage law, it is stated that the bride and groom must mature their body and soul to be able to carry out the marriage so that the marriage runs well without ending in divorce and gets good and healthy offspring. Researchers formulate the problem of how to apply the age of marriage according to Law Number 16 of 2019 concerning marriage in Malang Regency, what factors make the people of Malang Regency marry below the age of marriage, and how the efforts and constraints of the Religious Court overcome the problem of the provision of the age limit for marriage in Malang Regency. This research uses normative and empirical research in the form of a statutory approach, a conceptual approach, and a sociological approach. Research data sourced from primary obtained from field studies and secondary data sourced from primary, secondary, and tertiary legal materials which are then analyzed based on descriptive qualitative analysis. The results and first discussion show that the implementation of the age limit for marriage in Malang Regency can be said to be ineffective when compared to before the amendment of Law Number 19 of 2019. Second, factors that cause underage marriage include economic factors, educational factors, and cultural factors, so it does not rule out the possibility of underage marriage does not bring happiness as the purpose of marriage itself. Third, the efforts of the Malang Regency Religious Court include direct socialization and legal counseling to the community, especially regarding changes in the age limit for marriage which refers to Law Number 16 of 2019 that children who can carry out marriage are at least 19 years old.Keywords : Change, Age Limit, Marriage
Authority Notary Of Making Land Deeds Eko Prasetyo, Wengky
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.24405

Abstract

Abstract : The authority of the Land Agency of the Republic of Indonesia is based on the regulation of the President of the Republic of Indonesia Number 10 of 2006 concerning the National Land Agency, Article 2 states: The National Land Agency of the Republic of Indonesia carries out the duties of the Government in the field of land nationally,  sectorally, regionally. Based on the description above, the author's goals in this study are to find out and analyze what is the basis of the Notary's authority in making land-related deeds, as well as to find out and analyze the form of Notary's authority in making land-related deeds. To answer the problems studied, the author uses normative juridical legal research. The approach used by the author in this study is a statutory approach (Statute Approach), and a conceptual approach (Conceptual Approach). The results show that the meaning of the deed related to land which is the authority of the Notary is narrow, meaning that the Notary can make a deed related to land as long as the deed is not the authority of the PPAT. In this study, it was concluded that the authority of the Notary in making the deed related to land is stated in Article 15 paragraph (2) letter f of the UUJN, but in his authority it is also limited because there are other officials who are given the authority to make the deed on land, namely the Land Deed Maker Officer. (PPAT).Keywords: Notary; PPAT; Deed, Land.
Matrilineal System Of Rights Division Inheritance According To Traditional Inheritance Law, Islamic Inheritance Law And The Civil Code Jamburi, Ahmat; Muhibbin, Moh.
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.25915

Abstract

Abstract: Inheritance law is one part of civil law as a whole and is the smallest part of family law. Inheritance law is closely related to the scope of human life, because every human being will definitely experience a legal event called death. In the territory of the Unitary State of the Republic of Indonesia, various inheritance law systems apply, namely customary inheritance law, Islamic inheritance law and Western inheritance law as stated in the Burgerlijk Wetboek (BW). The family system in Indonesian society focuses on the lineage system. In general, there are three kinship systems, namely the patrilineal system (found in communities in Tanah Gayo, Alas, Batak, Ambon, Irian Jaya, Timor and Bali), the matrilineal system (found in the Minangkabau area), and the bilateral or parental system (found in regions include: Java, Madura, East Sumatra, Riau, Aceh, South Sumatra, all of Kalimantan, all of Sulawesi, Ternate and Lombok). The inheritance distribution system according to Minangkabau customary law is based on a descent system drawn from the mother's line, namely a matrilineal inheritance system where the position of children is inherited. Wo men are the successors, but the heirs are all children, male and female, who come from the mother's assets.
LEGAL CONSEQUENCES AND SETTLEMENT OF DOUBLE CERTIFICATES ON LAND PROPRIETARY CERTIFICATES IN AGRARIAN LAW PERSPECTIVE (Study of Complete Systematic Land Registration (PTSL) in Kediri Regency) Sunardi, Sunardi; Isnaeni, Diyan; Andriyanti, Maritha
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.v3i2.23187

Abstract

Land is a basic human need that becomes a strategic capital for life. Today, Indonesia has a lot of agendas with agrarian reform. The question of land will never end. With the pattern of land acquisition for development in the public interest along with other land problems, a new body was presented. This body is known as the Land Bank. Land Bank is a special agency (sui generis) which is an Indonesian legal entity established by the central government that is given special authority to manage land. The purpose of the land bank is to create a just economy. As a country of law, there are legals that binding on the subject of land banks. Which legal hierarchy about the land bank. Then this land bank is a new one in Indonesia. Certainly a lot to learn and evaluate the performance of the Land bank agency. The new land bank was established in 2021. Therefore, it is felt to help manage the land bank of Indonesia by making comparisons with other countries, namely the United States. Then the formulation of the problem to be discussed is : (1) How is the arrangement of the establishment of land bank in Indonesia? (2) What are the similarities and differences between land banks in Indonesia and the United States?. Research methods in writing this thesis using the type of normative juridical research, meaning that the problems raised, discussed and described in this study focused on applying the rules or norms in positive law. Approach the problem using the legal approach, conceptual approach, comparative approach to legal materials consisting of primary legal materials, secondary and non-legal materials. The results of this thesis research, first, the regulation of land banks in Indonesia is regulated in the Constitution of Republic Indonesia 1945, UUPA, land procurement law for development for the public interest, job creation law, Government Regulation Number 64 of 2021 on Land Bank, Presidential Regulation Number 113 of 2021 on the structure and Organization of Land Bank. Second, the comparison between land banks in Indonesia and the United States certainly has similarities and differences. The equation is in terms of centralized regulation and the location of the land bank. Differences with the United States lie in regulations, types of land banks, parties to land banks, mechanisms for organizing land banks, and objectives.This study aims and the formulation of the problem is to find out and analyze the Implementation of Complete Systematic Land Registration (PTSL) in Payaman Village, Plemahan District, Kediri Regency, and to find out and analyze the Matters Affecting the Issuance of Multiple Certificates in PTSL in Payaman Village, Plemahan District, Kediri Regency, as well as to find out and analyze the legal consequences and forms of settlement of dual certificates as a result of complete systematic land registration in Payaman Village, Plemahan District, Kediri Regency. This legal research is an empirical legal research. data that Obtained, namely direct research in the field, namely through interviews, then processed and analyzed with descriptive methods using primary data and secondary data. The results of the research on the Implementation of Complete Systematic Land Registration (PTSL) in Payaman Village, Plemahan District, Kediri Regency were carried out through several stages, namely: Preparation, Counseling, Physical Data Collection, Determination of Land Sector, Implementation of Measurements, Measuring Drawings and Mapping of Land Sector, Collection of Juridical Data, Land Inspection, Announcement and Determination of Rights, Bookkeeping of Rights, Issuance and Submission of Certificates. Matters Influencing the Issuance of Multiple Certificates in PTSL in Payaman Village, Plemahan District, Kediri Regency. according to the author there are several factors or reasons for the occurrence of multiple certificates in the implementation of PTSL in Payaman Village, Palemahan District, Kediri Regency, namely: a) Double printed certificates when correcting NIB validation when the SU form is ready, b) Registration of village letter C using letter C of the land next to it c) When the measurement does not participate in witnessing and determining the boundaries of the land it owns, it only depends on the sub-district head who does not know the boundaries, d) Village officials or village officials participate in registering their siblings to become PTSL participants without any authorization from the applicant, e) The applicant hides that the original certificate is brought by his brother on the grounds that a certificate has not been issued which is assisted by village officials. Legal Consequences and Forms of Completion of Multiple Certificates As a result of Complete Systematic Land Registration in Payaman Village, Plemahan District, Kediri Regency resulted in the following: Causing legal uncertainty regarding the certificates they owned. Keywords: Dual Certificate, Village, PTSL.

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