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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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Transfer Of Rights Over The Waste Land Of The Waduk Irrigation Agency Province Of East Java To Pensiants Of State Employees Based On A Letter To The Governor's Decision (Juridical Analysis Of The Decision Of The Bangil District Court Number 17/Pdt.G/2020/Pn.Bil) Syaichul Ibad, Mochamad
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.v5i1.24395

Abstract

Abstract : Land is a primary need for the population for both housing and employment. To obtain legal certainty over land rights, it is necessary to have regulations governing the acquisition and transfer of community land rights, including the acquisition and transfer of property rights over community land originating from state land. The purpose of this research is to examine in depth the validity of the process of transferring the land rights of the reservoir assets of the East Java Provincial Irrigation Office to 7 retired Civil Servants (PNS). This research uses a normative juridical research method, which emphasizes the analysis of legal issues by using legal principles, laws and regulations and library materials related to the legal issues studied and analyzed in this research. The result of this research is that the authority of PPAT is authorized to make a Land Deed based on the Decree of the Governor of East Java on the assets of the East Java Provincial Irrigation Service reservoir to 7 Retired Civil Servants (PNS) at the time after being upgraded to a Certificate of Ownership and transferred to a Legal Entity / Developer, and also by existing regulations the transfer of rights to land assets of the former East Java Provincial Irrigation Service reservoir is legal so that it has permanent legal force. (Inkracht van gewijsde)Keywords: Transfer of Rights, PPAT, Reservoir
Transfer Of Land Rights Between Husband And Wife To Petak Palaku (Maskawin) According To Customary Law Of The Dayak Ngaju Tribe In Central Kalimantan G. Satu, Yosep Pangarinah
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.v5i2.24406

Abstract

Abstract : My pal plot is the land of demand (maskawin). Dayak people always put women in the main position. This can be seen from the daily life of society that always prioritizes women. My pal is the absolute right of the wife. The husband has no right to sell or mortgage it to another party. However, in certain circumstances, women who are given dowries in the form of plots want to make transfers in their own names to secure their rights, constrained by rules that do not allow any transfer between husband and wife. This study analyzes the basis of the transition and the process of transferring land rights between husband and wife according to the customary law of the Ngaju Dayak Tribe in Central Kalimantan. This research uses empirical juridical methods with sociological, anthropological, and conceptual approaches. With the result that the basis for the transfer of land rights between husband and wife is a Land Certificate (SKT) or Land Statement Letter (SPT) issued by Kelurahan/Village, as the basis for applying for the issuance of certificates for land that has not been certified. As for land that has been certified, the basis for the transfer of rights between husband and wife is a Marriage Certificate or marriage book. While the process of transferring land rights between husband and wife is the same as other rights transfer processes, the difference is the basis of rights that must attach SPT, SKT and Marriage Book or Marriage Certificate.Keywords: Petak Palaku, Transfer of Land Rights Between Husband and Wife, Dayak Ngaju
Heirs' Responsibilities For Heirs' Debt From The Perspective Of Islamic Inheritance Law Muhibbin, Moh.; Sunardi, Sunardi; Ansyah, Yudi
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.v5i2.25914

Abstract

Abstract: Responsibility in the family context is very inherent and cannot be removed immediately. Like an heir, the heir is given responsibility when his parents during their lifetime carry out a legal act that causes a loss. The loss in question is an obstacle for other people who feel they have been harmed by an action carried out by the heir's parents during their lifetime. Losses give rise to a debt that must be paid off by anyone who owes it, but when someone is in debt he dies but cannot repay the debt, his heirs are obliged to pay off the debt made by his parents by reducing the assets left behind by his parents. In the context of Islamic inheritance law, debts must be paid even if the debtor has died and the person paying off the debt is the heir of the heir. However, what often comes to the fore in inheritance management is that one or more of the heirs do not agree with the other heirs. This disagreement will create and grow into an internal family conflict. There are two ways to resolve a problem if there is non-compliance between parties to carry out a fair distribution, namely by litigation and non-litigation. These two methods can be used in managing problems that occur, especially issues regarding inheritance.
Legal Protection For Heirs Of Land Deeds Which Only Use The Name Of Their First Child In The Perspective Of Islamic Inheritance Law and Civil Law Nastopa, Fitriyan Ferdi
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.v4i1.22175

Abstract

This study is entitled Legal Protection for Heirs of Land Deeds Using Only the Name of the First Child in the Perspective of Islamic Inheritance Law and Civil Law.There are two formulations of the problem. 1 (one) What is the status of the heirs' rights to the land deed that only uses the name of their first child? 2 (Two) How is the legal protection of heirs for land deeds that only use the name of their first child from the perspective of Islamic inheritance law and civil law? The type of research used is normative juridical, namely research that refers to legal norms contained in statutory regulations. The nature of the research is analytical descriptive through a statute approach. The results of this study, the status of heirs' rights to land deeds that only use the name of their first child is that in principle all heirs are entitled to an equal share of inheritance, regardless of gender. So even though the land deed only uses the name of the first child, the other heirs are still entitled to receive inheritance from the heir. is in the form of good faith among heirs in the implementation of an application for determination of heirs, on the one hand to seek justice, on the other hand, to determine who will become the heir, to determine the inheritance, to determine the share of each heir, and to carry out the distribution of the inheritance. the second is repressive legal protection aimed at resolving disputes. In this study, the cancellation of the deed, with the aim that when there is a dispute or physical possession of property controlled by one of the heirs on the pretext that he has a deed given by his parents on his behalf, then the deed must be canceled, with the aim that the other heirs do not someone is harmed.  Keywords: Legal Protection, Land Deed, Inheritance 
Legal Protection For Policyholders Concering Insurance Companies Restructuring In Default Indra Rukmana, Frisca
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.v4i2.24353

Abstract

Abstract : Financial Management in an insurance company has been regulated in the Financial Services Authority Regulation (POJK) Number 71 / POJK.05 / 2016 which regulates an assessment of the health of insurance and reinsurance companies in Indonesia. In the case of default, the insurance company in restructuring has a restructuring option, but the restructuring has a significant impact on the customer, but the insurance policyholder customer can ask for legal protection and justice in terms of the return of compensation experienced. This legal protection is based on authentic evidence, that is, an insurance policy. In the context of insurance company restructuring, legal protection for policyholders may also involve financial supervisory institutions, such as the Financial Services Authority (OJK). The research method used in this study is normative legal research, which uses the statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary, secondary and tertiary legal materials. The legal material collection techniques used are primary, secondary and tertiary legal material collection techniques. Legal protection for policyholders in the event of default by the insurance company Policyholders can take legal action through non-litigation means such as mediation or litigation in court. The legal protection of policyholders is regulated in the Insurance Law.Keywords: Legal Protection, Restructuring, Insurance, Default
Discourse Of The Phenomenon Of Marriage Dispensation From The Legal Perspective And Sociology Perspective (Study In Jombang District) Agus Setiyanto, Romy
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.v6i2.25932

Abstract

Abstract: The ratification of Republic of Indonesia Law number 16 of 2019 concerning marriage and the compilation of Islamic law means the age limit for marriage has become 19 years. The reality is that in society there are many cases asking to be able to get married and have it officially registered, which has led to the existence of a marriage dispensation. Marriage dispensation is permitted by law by considering positive matters. The aim of this research is to examine the high number of applications for marriage dispensation in Jombang Regency. The method used is qualitative and empirical juridical. In empirical juridical studies, it is a type of research that analyzes and examines the operation of law in society. With this method, data collection is carried out by interviews, direct observation and also data related to the theme. Using this method will make it easier to observe phenomena in society in relation to the implementation of the Marriage Law. The data analysis used was an inductive method (Creswell, 1994). From a legal perspective, the existence of Law no. 16 of 2019 provides a marriage age limit of 19 years. Marriage dispensation will be granted by considering the impacts and benefits as well as the negative effects that occur. Meanwhile, from a sociological perspective, our society views early marriage as something normal and often forgets the consequences, marriage dispensation is a rational choice, even though the risks faced are very high. Therefore, it is necessary to increase public awareness of promiscuity and the essence of marriage
Renewal Of Building Use Rights That Expire At The Malang Regency Land Office Faya M., Bonick
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.v6i1.25920

Abstract

ABSTRACT: Land registration aims to ensure legal certainty and certainty of land rights. With the implementation of land registration, the parties concerned can easily find out the status of the legal position of the particular land they face, its location, area and boundaries. The right to use buildings in the western legal sense before conversion comes from opstal rights stipulated in Article 71 of the Civil Code that "the right to ride a reef is a material right to own buildings, buildings and plantings on other people's yards. The method used to collect data from various literatures. This thesis research uses a qualitative approach. This research method is normative legal research or literature writing using a statutory approach (Statute Approach). The research location at the Malang Regency Land Office is on Jl. Kawi Canal No.10, Klojen District, Malang City, East Java 65116. Data collection techniques in library research are documentary techniques. Government Regulation Number 40 of 1996 states that renewal is submitted no later than 2 (two) years before the expiration of the Right to Use Building, which means that if it has passed 2 (two) years before the end of the Right to Build, the right holder cannot make a renewal of the Right to Use Building that he has. However, in PMNA / KBPN Number 9 of 1999, it is stated that it is submitted within a grace period of 2 (two) years which means that even though it has passed 2 (two) years before the Right to Build expires, the right holder can still apply for Renewal of the Right to Build.
LEGAL CONSEQUENCES ON THE TERMINATION OF BUILDING UTILIZATION RIGHTS WITH THE APPLICATION OF GOVERNMENT REGULATION NUMBER 18 OF 2021 REGARDING MANAGEMENT RIGHTS, LAND RIGHTS, FLAT HOUSING UNITS, AND LAND REGISTRATION Sunardi, Sunardi; Dewi Navisa, Fitria; Suwanti, Suwanti
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.v3i2.23183

Abstract

The extension of the Building Use Rights which has expired causes the land rights to be nullified, therefore it is necessary to renew the rights and the imposition of new Mortgage Rights because the Building Use Rights which are used as objects of Mortgage guarantees have a limited time, so of course it will cause legal problems of its own. which will be the subject of discussion in the writing of this thesis. Based on these things, the problems that will be examined in this research are 1. The legal consequences with the expiration of Building Use Rights on mortgages since the enactment of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration 2 .How the debtor settles his obligations to the right to use the building which has expired to the creditor (bank). 3. What efforts are made by debtors (Banks) to creditors whose guarantees for the Right to Build Certificate have expired. The approach method used is a normative juridical research method where the results of the study can be concluded that. The legal consequences with the expiration of Building Use Rights on mortgages since the enactment of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and SHGB Land Registrations which expire or HGB expires, change the status of land that was previously attached to the HGB holder to switch to the rightful party in accordance with the initial land status prior to the existence of the Building Use Right, either to the State or to the Management Holder or to the Ownership Right holder. as well as submitting an application for renewal of HGB where with the results of research at the Notary's Office, in the process there must be a letter of approval from the bank where if later the issuance of the SHGB has been completed, the encumbrance of the Mortgage Rights will be immediately submitted. How the Debtor settles his obligations to the right to use the building which has expired to the creditor (Bank). This is by 1. Paying off the debt, increasing land rights by managing the debtor. What efforts are made by debtors (Banks) to creditors whose guarantees for Building Use Rights Certificates have expired can be done in 3 ways, namely: 1. Non-legitimacy a) Rescheduling (re-scheduling) b) Reconditioning (requirements back), c) Restructuring (Rearrangement), 2. Replacement Guarantee 3. Litigation Keywords: SHGB, Mortgage, Settlement
Cancellation Of The Deed Of Land Sale And Purchase Agreement Due To One Of The Parties Defaulting, Viewed From The Aspects Of Legal Certainty And The Value Of Justice Imraatus Sholichah, Charis
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.v4i2.24348

Abstract

Abstract: The Land Sale and Purchase Agreement (PPJB) contains the rights and obligations of the parties who made it, so that if the matters agreed upon in the Sale and Purchase Agreement (PPJB) deed are violated or not fulfilled by the parties who made it, then this can be said to have been default occurs. It is possible to cancel the Sales and Purchase Agreement (PPJB) unilaterally by one of the parties or with the agreement of both parties. The land sale and purchase agreement (PPJB) can also be canceled by a court decision. The method used in this research is normative juridical research, as for the formulation of the problem, what are the consequences of canceling the deed of land sale and purchase agreement due to one of the parties defaulting in terms of legal certainty and the value of justice. What are the procedures for canceling the deed of land sale and purchase agreement if one of the parties defaults? The results of this research analysis are that if viewed from the perspective of legal certainty, the binding sale and purchase agreement aims to obtain legal certainty regarding the land to be purchased which binds both parties to carry out the performance, because the buyer is in default, the seller can request the cancellation of the PPJB to the court. . The conditions for cancellation are deemed to be contained in agreements that have reciprocity, when one party defaults, so that the agreement will return to the way it was before the agreement was entered into, the seller must return what has been deposited by the buyer. Apart from that, as a result of the court's decision to annul the deed, the deed will be relegated to a private deed if the drafting does not comply with statutory regulations. The procedure for canceling the Deed of Land Sale and Purchase Agreement if one of the parties is in default is to submit a request to the court by means of a notary who makes a deed of the land sale and purchase agreement which is forwarded to the court regarding the cancellation of the agreement so that with a final court decision there is certainty. and justice for the parties. Keywords: Cancellation of Deed of Agreement, Sale and Purchase Agreement, Default
THE ROLE OF DEBT COLLECTOR SERVICES IN WITHDRAWAL OF FIDUCIARY COLLATERAL IN FINANCING COMPANIES (Case Study on Finance in the City of Kediri) Sunardi, Sunardi; Parmono, Budi; Afifuddin, Moh
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.v3i2.22179

Abstract

, This finance company faces a dilemma when the consumer/customer defaults or is late or fails to pay. The leasing company will try to return its rights, namely goods that have become fiduciary guarantees. At first glance, it seems that there is a civil relationship, but we all know that efforts to restore the rights of these leasing companies are often difficult, in the end some of these companies use the services of debt collectors.Formulation of the problem how the role of debt collector services in withdrawing fiduciary guarantees at financing companies in Kediri City, the factors that cause finance companies to use debt collector services in withdrawing fiduciary guarantees in Kediri City, and the legal consequences of withdrawing fiduciary guarantees carried out by Debt Collectors.             The method in this research is empirical juridical. The results of the research on the Role of Debt collector Services in Withdrawing Fiduciary Guarantees at Financing Companies in the City of Kediri. need each other to deal with bad credit problems between debtors who are in default and creditors of Financing Companies, but debt collectors solve bad credit problems for vehicles and to save company assets from being lost for practical reasons without having to go through legal channels and have to use a professional method and in accordance with regulations applicable.Factors That Cause Finance Companies to Use Debt collector Services in Withdrawing Fiduciary Guarantees in the City of Kediri. a) Because legal and legal means are not working, they are considered inefficient and ineffective. b) The lengthy process of law enforcement creates public disappointment. c) Courts cannot guarantee legal certainty and run short. d) Debt collectors are considered more able to work in a relatively short time and the success rate reaches 90%. Legal Consequences of Withdrawal of Fiduciary Guarantees Made by Debt Collectors. who take the object of fiduciary collateral by seizing and threatening the debtor, including committing a criminal act. This action is as regulated in Article 368 of the Criminal Code (Criminal law book). cause legal consequences which are punishable by imprisonment for a maximum of 9 (nine) months.Keywords. Financing institutions, bad loans, debt collectors

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