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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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Notary's Responsibility In Making A Deed Under Hand With A Signature On A Blank Stamp By The Face Nurdiana Arini, Etnavita
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.v4i2.24352

Abstract

Abstract : A notary as a public official has the authority to make a deed in accordance with the Notary Office Law and the notary code of ethics. Making an authentic and underhand deed can be burdened with responsibility for his actions in connection with his work in making the deed. There is deviant behavior by notaries who abuse the making of deeds signed by the face on blank stamps. The research method used in this study is to use normative juridical research methods, using a statute approach and a comparative approach. The result of the discussion of this study is that the legal relationship that occurs on an empty stamp is a civil relationship and the legal basis is contained in article 1338 of the Civil Code. The legal conditions of the agreement are regulated in article 1320 of the Civil Code which consists of four conditions and each is qualified in two elements. Signing a deed under hand using a blank stamp will have legal consequences that are null and void. null and void due to non-fulfillment of elements of the legal conditions in the agreement which if it violates objective conditions i.e. agreements made with prohibited causa or false causa committed by a notary. because the filling of the deed includes unlawful acts that have been regulated in article 1365 of the Civil Code.The notary's responsibility for misuse of blank blanks in making deeds under hands that are not in accordance with the notary law can be held responsible both in terms of administration in the form of sanctions and has been regulated in the Notary Office Law, namely oral reprimand, written reprimand,  Temporary suspension, dismissal with respect to dishonorable dismissal.Keywords: Notary, Deed Under Hand, Blank Sign, Unlawful Deeds
Implementation Of Public Consultation In The Framework Of Land Procurement For Toll Road Construction In The Public Interest (Study Of Toll Road Development In The Kauman District, Tulungagung Regency) Dwi Astutik, Senia; Sunardi, Sunardi
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.v6i2.25933

Abstract

Abstract : This research examines the implementation of public consultations in the context of land acquisition for toll road construction in the Kauman District, Tulungagung Regency, using empirical juridical methods and statutory approaches. The aim of this research is to analyze the effectiveness and transparency of the public consultation process and its impact on the welfare of local communities. The research results show that the implementation of public consultations in Kauman District went smoothly and succeeded in achieving agreement from all residents regarding the construction of the toll road. The consultation process is carried out transparently and fairly, ensuring that no party is harmed. The consultation in Batangsaren Village was carried out in two stages, considering the expansion of affected land. This process aims to fulfill common interests and improve regional infrastructure by paying attention to the welfare of residents. For people who cannot attend public consultations, this research found that there are several solutions to ensure their participation remains represented. The community can be represented through a power of attorney, as well as the formation of a WhatsApp group as an additional medium to reach and involve those who cannot be physically present. Through these groups, important information is disseminated, discussions are held, and feedback from the community is gathered, ensuring broader and more inclusive participation in the decision-making process.
Application Of The Prudential Principle In Giving Banking Credit Puspita Dewi, Elsa Dianita
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.v6i1.25921

Abstract

Abstract Banking institutions is institution Which collect And channel fund in public. banking very role And have share in effort enhancement level life public Indonesia through development economy public. Bank own program distribution fund For public Which Wrong the only one often called with credit . Credit provided to banks to be distributed to customers contains risks. So that in its implementation, every credit grant to customers must be careful and careful in observing the principle of prudence. Method research used that is juridical normative with use legislative approach and conceptual approach. Type material the law used are primary, secondary And tertiary. From the results study can concluded the first is that in providing banking credit, the bank must always apply the principle of prudence in order to minimize the risk of the bank's operational business with the aim of ensuring that the bank is always in a healthy, liquid and solvent condition. The principles used must be in accordance with existing regulations so that they will not cause defects in the world of credit. Losses resulting from credit can worsen the image of a bank. Besides That Wrong One impact is credit become congested And For do solution credit congested there is a number of strategy with method scheduling return , requirements return And arrangement return . Second , Violation principle caution in credit banking give rise to consequence law . Where to the party doing it violation will given penalty law form sanctions criminal nor regulated fines in Law No. 10 of 1998 concerning Banking . Banking crimes occur or fall into the realm of "state loss", abuse of authority resulting in corruption crimes.
CHILD'S CONSENT AS A CONDITION IN IMPLEMENTING THE TRANSFER OF PARENTS' ASSETS TO CHILDREN (STUDY IN THE OFFICE OF NOTARY AND LAND DEED DEEDS MAKING OFFICIALS (PPAT) MALANG) Sunardi, Sunardi; Muhibbin, Muhibbin; Adi, Surya
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.v3i2.23184

Abstract

Article 1666 of the Civil Code defines a grant as an agreement whereby the grantor, at the time of his life, freely and irrevocably, surrenders something for the needs of the beneficiary who receives the handover. A land grant is a gift from one person to another without any substitute and is made voluntarily, without any contravention from the recipient of the gift, and the gift is made while the giver is still alive. However, a parent's gift to children in a family is not the least that can cause jealousy, even family division. This means that a grant that originally had a noble purpose as taqarrub and social care can turn into a family disaster and disaster. This is the duty of the PPAT and the Notary in providing legal counseling so that in making the grant deed later there will be no problem with lawsuits in court. Formulation of the problem 1) How is the process of transferring land grants to children according to statutory regulations. 2) How is the implementation of the transfer of parental assets to children at the Notary Office and Land Deed Making Officer (PPAT) Malang. 3) What are the considerations of the Land Deed Making Official (PPAT) for asking for the child's approval in making a grant deed. The method used is empirical research with a sociological juridical approach.The process of transferring land grants according to laws and regulations must be guided by Article 1682 of the Civil Code which states that no grant except as meant in Article 1687 can be made without a notarial deed, the minutes (original text) must be kept at the notary and if this is not done then the gift is invalid. In other words, every grant, both movable and immovable property (land) should use a notarial deed, specifically land rights, the process must or must use an authentic deed (PPAT deed).The implementation of the transfer of grants from parents to children at the Malang Notary Office and Land Deed Making Officer (PPAT) is based on interviews with the Malang notary and PPAT, that for the implementation of the transfer of land rights with the grant process, you must use a grant deed made by the Land Deed Making Officer. (PPAT), the grantor is subject to PPH tax and the grantor must pay the BPHTB tax (tax for acquiring land and building rights) and the PPAT is required to submit the grant deed to the Land Agency Office within 7 (seven) working days.Considerations of the Land Deed Making Officer (PPAT) for the approval of children in making a grant deed if the author of the analysis is from the theory of authority, then the making of a grant deed is the authority of the PPAT which is made by the parties and the PPAT is in accordance with Article 1868 of the Civil Code, but in making it must meet the requirements formal and material. Apart from that, as a basis for consideration or additional conditions in making a grant deed, PPAT Malang uses additional conditions with the consent of the child. With the aim that the child is considered to know and understand that the property has been donated to another relative, so as to minimize lawsuits or disputes in the future. Although basically a parent's gift to one of their children is actually permissible without having the permission or approval of the other child. Keywords: Grant, PPAT/Notary, Approval.
He Obligation Of The Land Deed Making Officer To The Authenticity Of The Deed Made As Evidenc Buldan Firanda, Syahril Izha Ferri
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.v4i2.24347

Abstract

Abstract : The making  of an authentic deed is only determined by law, while the official who can make it inevitable to have the same weight must also be determined by laws or regulations at the same level as the law, so that only  Notaries are authorized to make authentic deeds while from the other side PPAT also has the authority to make authentic deeds, therefore there are problems with the authority of PPAT in making authentic deeds where the phrase is only determined by law contrary to the tentaun  of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Head of the National Land Agency Number 8 of 2012 concerning Amendments to the Regulation of the Minister of Agrarian State/Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration, which in such regulation is not a law only a regulation under it.Based on this background, this paper raises the following problem formulation: 1. What is the obligation of the Land Deed Making Officer to ensure the authenticity of the Land Deed he made? 2. What is the validity of the evidentiary power made by the Land Deed Making Officer in realizing written evidence? This research is a type of normative juridical research. Normative juridical research is research that examines laws and regulations in a coherent legal system and unwritten legal values that live in society. The type of approach used in research is as an effort in the framework of research activities to establish relationships with those studied or methods to achieve an understanding of the research problem.  This research uses a Statutory approach and a Conceptual Approach, where with these approaches researchers will obtain information from various aspects related to the authenticity of the PPAT deed made as evidence. Based on the results of research conducted with literature studies, broadly speaking the results of this research can be concluded as follows: That the obligation of PPAT to ensure the authenticity of the land deed it makes is based on first checking at the Land Office regarding the suitability of the certificate of land rights or Ownership Rights to the Flats Unit concerned with the lists at the local Land Office by showing the original certificate. And PPAT is obliged to check the completeness file and witnesses by reading the deed to the parties concerned and providing an explanation of the content and purpose of making the deed, and the registration procedure that must be carried out subsequently in accordance with applicable regulations. That the validity of the evidentiary power made by the PPAT in realizing written evidence is explained in Article 1871 of the Civil Code by giving and delivering the signing to the official who made it and determined from concrete matters, namely from the suitability of the information given by the parties when facing the PPAT and the propriety of a PPAT in exercising its authority in making authentic deeds by following the provisions contained in the Government Regulation Number 37 of 1998 concerning Regulations for the Position of Land Deed Making Officers, and Government Regulation Number 24 of 2016 concerning Amendments to the Regulations for the Position of Land Deed Making Officials.Keywords : Authentic Deed, Evidence, PPAT
LEGAL PROTECTION AGAINST A NOTARY ALLEGED TO COMPLETE MALPRACTICE IN THE PROCESS OF MAKING OUTENTIC DEEDS Sunardi, Sunardi; Rokhim, Abdul; Fabrila, Virly
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.v3i2.22180

Abstract

A notary is a public official who is authorized by the state to make an authentic deed. On this basis, a legal protection is needed for a Notary if in carrying out his duties he is suspected of committing malpractice in the process of making an authentic deed as regulated in Article 38 of Law number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the position of a Notary, The formulation of the problem of Legal Protection Against Notary Positions Who Are Suspected of Malpractice in the Process of Making Authentic Deeds, Law Enforcement Procedures Against Notary Positions in Legal Protection Who Are Allegedly Conducting Malpractice in the Process of Forming Authentic Deeds through the Nortary Honorary Council according to the Law on Notary Positions the method used in This research is a normative research with a statutory approach. The results of the research on the legal protection of the position of a notary who is suspected of committing malpractice in the process of making an authentic deed. In making the deed, it must be in accordance with the regulations of Law No. 2 of 2014 article 38 so that the deed becomes an authentic deed that has perfect proof. The summons of investigators must be through the Notary Honorary Council (MKN) can be carried out repressively because it is related to the application of article 66 paragraph (1) UUJN-P, namely in giving approval or refusal of requests for investigators who want to summon a Notary in the Judicial Process. The existence of the Notary Honorary Council (MKN) basically replaces the role of the Regional Supervisory Council (MPD) as the Legal Protection Agency for Notaries. aims to avoid arbitrary actions from investigators who want to summon a Notary in the trial. Law Enforcement Procedures for the position of a Notary in his Legal Protection who are suspected of committing Malpractice in the process of forming an Authentic deed through the Honorary Council as regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 25 of 2020 concerning Duties and Functions, Terms and Procedures for Appointment and Dismissal , Organizational Structure, Work Procedure and Budget of the Notary Honorary Council 1) Submit a written application for those who feel disadvantaged or investigators to MKN. 2) The Chairperson of the Regional Notary's Honorary Council is obliged to provide an answer in the form of approval or rejection of the application within 30 (thirty) working days from the date of receipt of the application. Then if within that period of time no response is received, the Regional MKN is considered to have received a request for approval (Article 27 paragraphs 4 and 5)Keywords. Notary, Malpractice, Legal Protection..
Legal Responsibility Of A Notary For Forgery Of The Debtor's Personal Identity In The Deed Of The Credit Agreement In The Bank Parmono, Budi; Sunardi, Sunardi; Kholifah, Siti
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.v5i1.24400

Abstract

Abstract: The importance of credit agreements being made authentically is as a legal guarantee of strong and legal evidence for the parties entering into the agreement. In making a deed, the Notary must adjust the evidence provided by the person present with other evidence, however, in making the deed, a notary must be thorough and careful so that there is no forgery in making the deed. The formulation of the problem is as follows: What is the responsibility of the notary in the event that the debtor's identity is proven to be falsified in the credit agreement deed at the Bank and what are the legal consequences for the credit agreement deed in the event that the debtor's identity is proven to be falsified. This research is nurmative research with a statutory approach, and a Conceptual Approach and a legal dictionary approach. Results of research on the responsibility of notaries regarding proven falsification of debtors' personal identities in credit agreement deeds at banks. a) If the notary is aware of falsification of identity or participates in it, the responsibility of the notary in the case of proven falsification of the debtor's identity in the credit agreement deed at the bank is that the notary must be held responsible both civilly if there is a loss, and criminally if the notary already knows that there is a falsification of identity. the parties, in addition to administrative sanctions and the notary's code of ethics as regulated in UUJN article 7 paragraph 2. b) If the notary is not aware of the existence of forged documents. And if the falsification was carried out by the parties, the parties must be held absolutely responsible, both civil and criminal, and responsible for their own mistakes. Legal Consequences of a Deed of Credit Agreement Proven to be a Falsification of the Debtor's Personal Identity. If the underlying agreement does not fulfill the legal requirements for an agreement as regulated in Article 1320 and Article 1868 of the Civil Code, it will have legal consequences, including: a) Degradation (loss of perfect evidentiary power) or the deed becoming under the control of hands. b) Nullity by law. This means that if the objective requirements are not met then the agreement is null and void by law. c) Can be cancelled. This means that if the agreement does not meet the subjective requirements, the agreement can be canceledKey words: responsibility, forgery, notary/parties
Legal Consequences Of A Deed Of Gift Made By Spouses (Case Study Of Deed Of Gift No. 937 Dated December 27, 2016) Kholifah, Kholifah
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.v6i1.25927

Abstract

Abstract: The land is the settlement place for most of the community, besides being a source of livelihood for those who earn a living through farming and plantations. Ultimately, the land also serves as the final resting place for someone who has passed away. The population of Indonesia continues to grow, but the land area remains unchanged. The available land area eventually becomes disproportionate to the increasing population. How people meet their needs for land includes buying and selling, exchanging, gifting, or through bequests. This journal will discuss the legal consequences of a grant deed made by a married couple still in the bond of marriage from the perspective of the law. The law has regulated the procedures on how grants are to be made and the legal subjects allowed to execute the grants.Abstract: The land is the settlement place for most of the community, besides being a source of livelihood for those who earn a living through farming and plantations. Ultimately, the land also serves as the final resting place for someone who has passed away. The population of Indonesia continues to grow, but the land area remains unchanged. The available land area eventually becomes disproportionate to the increasing population. How people meet their needs for land includes buying and selling, exchanging, gifting, or through bequests. This journal will discuss the legal consequences of a grant deed made by a married couple still in the bond of marriage from the perspective of the law. The law has regulated the procedures on how grants are to be made and the legal subjects allowed to execute the grants.
Juridical Analysis For Notaries Who Hold Concurrent Positions As Curators And Other Positions According To Law Number 2 Of 2014 Conerning Notary Positions Mustafidah, Aqidatul
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.v4i1.24339

Abstract

Abstract : a notary is a public official who has the authority to make authentic deeds and has other authorities based on article 1 paragraph 1 of law number 2 of 2014 concerning the position of notary, and a curator is an inheritance office or individual appointed by the court to manage and settle the debtor's assets bankrupt under the supervision of a supervisory judge based on law number 37 of 2004 concerning bankruptcy and PKPU. If bankruptcy occurs in a company, the notary is in charge of making deeds including the company deed and acts as a curator in that position. This research is normative juridical research. By using a statutory approach, the sources of legal materials obtained are secondary, primary and tertiary legal materials consisting of statutory books, journals, papers. notaries are prohibited from carrying out positions outside their area of office; Leaving his/her area of office for more than 7 (seven) consecutive working days without a valid reason; Concurrently as a civil servant; Concurrently serving as a State official; Holding a position as leader or employee of a State-owned enterprise, regional-owned enterprise or private enterprise; Concurrently serving as Land Deed Drafting Official and/or Class II Auction Official outside the Notary's place of residence; Become a Substitute Notary; Carrying out other work that is contrary to religious norms, morality or propriety which could affect the honor and dignity of the notary's position. The legal consequences are receiving sanctions in the form of a written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal.Keywords : Notary, Curator, Concurrent Positions
THE ROLE OF THE STATE IN ISLAMIC ECONOMICS LAW IN THE LIGHT OF ABBAS MIRAKHOR'S THOUGHTS Hadi, Mohammad
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.v3i2.22173

Abstract

Islamic economics is a progressive and dynamic economy. Various new theories have been raised as an offer for the development of Islamic economics law, one of which is done by Abbas Mirakhor. This article discusses role of the state to the main principles of the Islamic economics system. To find out more about the Islamic economic thought offered by Abbas Mirakhor, from the main principles of the economic system to the role of the state in the economy. This article uses a qualitative type of research using literature research. The results of this study show that Abbas is a reputable practitioner of Islamic economics and finance in the world, both Islamic and Western, and is highly respected in the Islamic world. Mirakhor is considered a reformer in Islamic economics law, and is part of the Iqtishad school. In the field of Islamic economic system, Mirakhor argues that the main principle of Islamic economic system requires distribution in two mechanisms, namely freedom, and justice, without which prosperity will not be achieved. Therefore, there is a need for a hermeneutical approach to answer various problems that occur in the Islamic economic system. In the context of the state, according to Mirakhor, the state has a very significant role in the welfare of society, especially through productive policies. The state must also be present in realising justice in society. There is a need for a hermeneutical approach to answer various problems that occur in the Islamic economic system. In the context of the state, according to Mirakhor, the state has a significant role in the welfare of society, especially in productive policies. The state plays a very significant role in the welfare of society, especially through its productive policies. The state must also be present in realising justice in society. There is a need for A hermeneutical approach to answer various problems that occur in the Islamic economic law. In the context of the state, according to Mirakhor, the state has a very significant role in the welfare of society, especially through productive policies. The state must also be present in realising justice in society.Keywords: Abbas Mirakhor, Islamic Economics Law, Role of the State

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