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Jurnal Konstatering
Published by Universitas Islam Sultan Agung
ISSN : 28284836     EISSN : 28284836     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 252 Documents
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Legal Consequences of Nominee Made Before a Notary Based on Legal Certainty in the Perspective of the Conditions for the Validity of the Agreement Husen, Arie Arisandy; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Currently, many people use the nominee (borrow name) agreement. Some of the reasons include those who have been blacklisted from the bank because of the inability to pay their installments, there are those whose BI Checking has entered collect 5 but wants to make loans to banks such as mortgages or car loans. In practice, there are notaries who dare to make nominee agreements to help clients who have problems in banking or foreigners who want to own land in Indonesia. Even though the UUPM and UUPA are prohibited from using the borrowed name. The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions. Keywords: Agreement; Consequences; Nominee; Validity.
Principles of Recognizing Service Users for PPAT According to ATR/KBPN Ministerial Regulation Number 21 of 2022 Ahsani, Muhammad Farhan
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

In addition to the duties and authorities in the PPAT, there are also additional obligations that need to be known, one of which is the obligation to apply the Principle of Recognizing Service Users as a form of Prevention and Eradication of Money Laundering Crimes. In order to implement the principle of recognizing service users, PPAT is required to report all forms of financial transactions that are considered suspicious transactions carried out by service users to the Financial Transaction Reporting and Analysis Center. The writing of this journal uses normative legal research methods that refer to library materials as research materials using a statutory approach. Laws and regulations related to the theme of this journal as primary legal materials are PPAT Position Regulations, ATR/KBPN Ministerial Regulations No. 21 of 2022 and PP No. 43 of 2015, secondary legal materials in the form of research results, journals and theories related to discussions in this journal journals and tertiary legal materials in the form of electronic media and legal dictionaries. ATR/KBPN Ministerial Regulation Number 21 of 2022 requires PPAT to exercise additional authority, namely by implementing the principle of recognizing service users other than those specified by the PPAT Position Regulation. PPAT is mandatory to apply the principle of recognizing service users, because PPAT is one of the professions that must report based on Article 3 of PP No. 43 of 2015 for the Prevention and Eradication of Money Laundering. Based on the discussion, a conclusion was produced stating that the application of the principle of recognizing service users is not related to the authority of PPAT in making an authentic deed but binds the authority of PPAT obtained by attribution. This is because in the application of the principle of recognizing PPAT service users, they are asked to explore information in the form of service user identity and the acquisition of sources of funds which will later be reported to PPATK. 
Sale and Purchase of Land Based on Ownership Certificate Based on Private Deed (Study of Supreme Court Civil Decision NO.105/PDT.G/2021/PN PRP) Muttaqin, Ahmad Rosyiddin
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land as a property right is regulated in the Basic Agrarian Law No. 5 of 1960. Property rights can be transferred based on sale and purchase, in accordance with Government Regulation No. 24 of 1997 in Article 37 paragraph 1 that the transfer of land rights and ownership rights to apartment units through sale and purchase, exchange, grant, income in the company and other legal acts of transfer of rights, can only be registered if proven by a deed made by an authorized PPAT according to the provisions of applicable laws and regulations, the provisions for the transfer of rights have been regulated, but it cannot be denied that there are still underhand sales and purchases or sales and purchases not in front of the Land Deed Making Officer. The method used in this study is the normative legal research method. The approach method used is a qualitative approach. The types and sources of data use primary and secondary data. The data analysis method used in this study is prescriptive. The conclusion of the results of this study are: 1) The legal force of the private deed in the sale and purchase agreement for land with the Certificate of Ownership based on the Case in Decision Number 105/Pdt.G/2021/PN Prp. is valid and has the same legal force as an authentic deed. This is proven by the existence of written evidence submitted by the parties to the case, statements from witnesses and the results of local examinations, so that facts can be obtained that are mutually confirmed by the parties. 2). As a result of the legal effect of the private land sale and purchase agreement being ratified by the Pasir Pangaraian District Court, the plaintiff can file a process for changing the name of the Certificate of Ownership at the National Land Agency (BPN) on the basis of a court decision that already has permanent legal force as a substitute for the PPAT deed. If seen from the case above, the sale and purchase of land is not yet valid because according to what is explained in PP Number 24 of 1997 concerning Land Registration, the sale and purchase of land must be carried out before the Land Deed Making Officer (PPAT), but in the case above, the sale and purchase of land is not possible to be carried out before the Land Deed Making Officer (PPAT) because the defendant's whereabouts are unknown, so the sale and purchase of land with a deed under hand based on the Court Decision is declared valid and has permanent legal force.
Supervision of Land Deed Officials (PPAT) on Deeds of Sale and Purchase Before Payment of BPHTB Jani, Rafsan
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The signing of a deed of sale and purchase by a Land Deed Making Officer (PPAT) before payment of Land and Building Acquisition Fee (BPHTB) has caused a polemic of law and professional ethics. This practice not only violates applicable legal provisions, but also has the potential to harm the state in terms of tax revenue. The purpose of this study is to analyze the Implementation of Supervision and Guidance of Land Deed Officials Who Sign Deeds of Sale and Purchase Before Payment of BPHTB in North Kolaka Regency and to analyze the legal responsibility of Land Deed Officials who sign Deeds of Sale and Purchase before payment of BPHT in North Kolaka Regency. The problem-solving approach method used by the author is an empirical approach method, namely a method of data collection carried out by examining secondary data against primary data in the field and examining existing facts in line with observations in the field which are then reviewed based on related laws and regulations because the existing laws are in fact made, and determined by humans who live in society to research related to the Implementation of Supervision and Guidance for PPAT Who Signed the Sale and Purchase Deed Before Payment of BPHTB in North Kolaka Regency. The results of the study can be concluded that the implementation of guidance and supervision of the Advisory and Supervisory Board of PPAT is to visit several PPATs and obtain several findings related to several PPATs in North Kolaka and provide guidance related to PPAT job regulations, socialization of regulations concerning the PPAT code of ethics and supervision, namely in the form of supervision of the implementation of PPAT positions and enforcement of legal regulations in accordance with regulations in the field of PPAT
Copyright Problems of Lasem Hand-drawn Batik as an Object of Fiduciary Guarantee in Rembang Regency Kholifatul Aziz, Elfira Nur; Mashdurohatun, Anis
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract.This article aims to examine and analyze the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees and the problems and solutions in the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees in realizing the creative economy in Rembang Regency. This article is an empirical juridical legal research with the statue approach and historical approach methods. The data collection technique used is a field study in the form of observation and interviews as well as a literature study. The data analysis method used in analyzing the data is an interactive qualitative model analysis. The results of the study show that results of the research and study show that until now there has been no Banking or non-banking Institution that has implemented Intellectual Property such as copyright of Lasem batik artwork as an object of fiduciary guarantee or collateral. The non-implementation of intellectual property-based financing is due to several problems, namely regarding regulations, related Institutions or Officials, the concept of valuation and special Institutions for Intellectual Property valuation, the Copyright execution system as an object of fiduciary guarantee and for Creative Economy Actors. From the problems faced, there are solutions that can be done, including: 1) Renewal of regulations, 2) Increasing knowledge and understanding of related Institutions and officials, 3) Establishing a valuation system and special Institution to assess appropriate copyright, 4) Preparing a mechanism for executing Copyright as an appropriate and correct object of fiduciary guarantee and 5) increasing awareness of creative economy actors regarding the legal protection of Copyright.Keywords: Batik; Copyright; Fiduciary; Guarantee; Problems.
The Principle of Presumption of Validity as Immunity and Legal Protection for Notaries in Making Authentic Deeds Nafisah, Durorun; Hafidz, Jawade; Djunaedi, Djunaedi
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine and analyze the principle of presumption of legality as immunity and legal protection for notaries in making authentic deeds. The type of research is normative legal research using the statute approach, case approach, and conceptual approach derived from secondary data sources containing primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research, it is concluded that the Principle of Presumption of Validity (Presumptio Lustae Causa) means that a Notarial deed must be considered valid and binding on the parties until a party declares the deed invalid by filing a civil lawsuit with a general court. The Notarial Deed remains valid and binding on the parties or anyone interested in the deed, during and throughout the course of the lawsuit until a court decision has permanent legal force (inkrah). The parties who file a lawsuit with the court for the invalidity of the Notarial deed must be able to prove the invalidity of the Notarial deed from its external, formal, and material aspects. Preventive steps that must be adhered to and carried out by a notary in making an authentic deed so that they are free from civil sanctions and administrative sanctions are by complying with and implementing the provisions in the Notary Law.
The Legal Status of the Presuggestion of Infinity In Notary Protection Efforts Related to the Making of Authentic Deeds Syafii, Muhammad Amin; Handoko, Widhi
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the application of the legal position of the presumption of innocence in efforts to protect notaries regarding the making of authentic deeds in Pekalongan Regency. The position of a notary as a public official is related to making an authentic deed. The problems in this thesis are 1) constraints and solutions to the application of the presumption of innocence regarding the legal protection of a notary regarding the making of an Authentic deed by a notary 2) efforts to protect the notary regarding the deed he has made. The purpose of this study is to identify and analyze the obstacles and solutions to the application of the presumption of innocence regarding the legal protection of a notary regarding the making of an authentic deed by a notary. The method used in this research is a sociological juridical approach. The specification of this research uses descriptive analysis. The types and sources of data used in this study are primary data, namely from interviews, while secondary data is obtained through library research. The data collected in this study was divided into 2 (two), namely primary data collection which was carried out by interviews and secondary data collection which was carried out by collecting data contained in laws and regulations, articles, books and others. The data analysis method used in analyzing the data is qualitative analysis. Authentic deed essentially contains formal truth according to which the Notary is responsible for what is witnessed, namely what is seen, heard and also carried out by the Notary as a public official in carrying out his position. Notary legal protection is carried out by UUJN, Notary Association.Keywords: Authentic; Innocence; Presumption; Protection.
The Disharmonization of Wills Decisions by Judges on the Basis of Justice Values Miftakhudin, Muh.
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of writing is to find out and analyze: (1) the disharmony of legal decisions against wills by courts; (2) the position of the will deed in inheritance law in Indonesia. The approach used in this paper is normative juridical. Research specifications using analytical descriptive are strengthened by perspective. Sources of research data are sourced from primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials using document or literature studies. The legal material analysis technique uses normative qualitative. The results of the study concluded that: (1) Disharmonization that occurred in the legal decision regarding a will by a panel of judges between levels of the judiciary, because the content of the judge's decision was different. The judge's decision has the potential to violate the legitieme portie, because on the land that was bequeathed only to his two children, a hotel business was built which was inherited by all his children; (2) The status of wills in inheritance law in Indonesia, namely: (a) according to the Civil Code and Islamic Compilation Law (HKI), the heir can make a will both to his heirs (grant/legaat will) and other people (will to appoint heirs) /erfstelling); (b) The testamentary deed is effective in the process of transferring inheritance after the testator dies; (c) a will made before a Notary is an authentic deed and has 3 (three) evidentiary powers before a court; namely: physical evidentiary power (uitwendige bewijskracht), formal evidentiary power (formele bewijskracht) and material evidentiary power (materiele bewijskracht).Keywords: Disharmony; Justice; Wills.
The Enforcement of the Notary Code of Ethics Based on the Law on Notary Positions in Theory and Practice Tonglo, Abdi
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

In accordance with the provisions of Act No. 2 of 2014 junto Act No. 30 of 2004, the enforcement of the Notary Code of Ethics is carried out by the government through the Notary Supervisory Council and notary professional organizations (INI). This has an impact on the existence of two institutions that are authorized to enforce the Notary Code of Ethics. The affirmation of the authority of the two institutions in question needs to be examined normatively and empirically. This study uses a juridical-empirical research type. This method is carried out through a literature study that examines secondary data, in the form of books, journals, and laws and regulations complemented by data collection and interviews with the Kendari City Notary Regional Supervisory Board and the Kendari City Indonesian Notary Association Regional Board. In practice, the Enforcement of the Notary Code of Ethics in Kendari City is mostly carried out by the Notary Supervisory Board. Indonesian Notary Association through the Notary Honorary Council is more on resolving complaints of internal notary violations.Keywords: Enforcement, Ethics; Notary.1. Introduction
The Legal Responsibilities of Officials Making Land Deeds against the Crime of Forgery of Sale and Purchase Deeds Kinanthi, Lembah Nurani Anjar; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to identify and analyze the legal responsibility of land deed drafting officials for the crime of sale and purchase deed forgery. This study uses a normative juridical approach (normative legal research method), uses a Statute Approach and a Case Approach. The type and source of data that researchers use is secondary data, divided into primary legal materials, secondary law as well as tertiary law. The data collection method uses document study or literature study and the data analysis method uses qualitative methods. Based on the research, it was concluded that the legal responsibility of the official making the land deed who committed the criminal act of falsifying the sale and purchase deed in Decision No. 248/Pid.B/2022/Pn.Jkt.Brt., states that if the defendant F, SH.MKn and the defendant IR, SH, with imprisonment for two years and eight months each, a fine of IDR 1,000,000,000 each. The deed of sale and purchase as well as the full power of attorney made by the two PPATs are truly inauthentic or contain defects, so that the position of the deed of sale and purchase as an authentic deed can be canceled and the status of the sale and purchase agreement is degraded to an underhanded agreement. Meanwhile, the responsibility of the official making the land deed as a general official for inauthentic sales and purchase deeds, namely administrative responsibility, civil responsibility and criminal responsibility. Keywords: Accountability; Land; Purchase.

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