Jurnal Konstatering
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.
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<![CDATA[Effectiveness of Online Single Submission (OSS) Implementation For Limited Company Legal Entities Registration By Notaries ]]>
<![CDATA[Yalala, Nuranu]]>;
<![CDATA[Hanim, Lathifah]]>;
<![CDATA[Taufan, Taufan]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study was made with the aim of knowing the Effectiveness of the Implementation of Online Single Submission (OSS) for Registration of Legal Entities of Limited Liability Companies (PT) by a notary in Wonosobo Regency based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services. The approach method in this research is sociological juridical with descriptive research specifications. The data needed in this research includes primary and secondary data taken by observation, interviews with informants who understand, understand, and are in direct contact with the research object. The collected data is then analyzed qualitatively. Based on the research, it can be concluded that the limited liability company deed is made by a notary like other authentic deeds such as the provisions in Act No. 2 of 2914 regarding amendments to Act No. 30 of 2004 concerning the position of a notary and Article 1686 of the Civil Code with the requirements stipulated in Act No. 40 of 2207 concerning limited liability companies. In Wonosobo Regency, the online single submission system is considered ineffective because there are still confusions for legal subjects in running the system in full. Furthermore, the OSS system is considered to still tend to be weak. There are certain times when the OSS system page cannot be accessed, cannot enter the Log-In page, and a system error occurs during the issuance process of the Business Identification Number (NIB), so the user must repeat data input from the beginning again, because there is no automatic backup feature when the connection with the server is lost.]]>
<![CDATA[Legal Protection of Third Parties in Credit Agreements with Liability Guarantee ]]>
<![CDATA[Kurniasari, Mei Ayu]]>;
<![CDATA[Hasana, Dahniarti]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to find out and analyze the implementation of mortgage agreements in Semarang Regency, to find out and analyze legal protection for third parties in Credit Agreements with Mortgage Guarantees in Semarang Regency, and to find out and analyze examples of mortgage deed. The research approach method used in this thesis is a sociological juridical research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Mortgage Laws; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Research data collection with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model as proposed by Miles and Huberman. The results of the study indicate that the implementation of credit with mortgage guarantees at the bank has a procedure regarding the provisions, the conditions that must be carried out from the time the customer's application is submitted until the loan is paid off by the bank. Legal protection for third parties in the implementation of mortgage guarantee objects is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Act.]]>
<![CDATA[Role Implementation of Regional Supervisory Council in the Context of Guidance and Supervision of Notaries ]]>
<![CDATA[Alfani, Safri Sendi]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The purpose of this research is to analyze and find out: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries. 2) Obstacles and solutions for the Regional Supervisory Council of Central Lampung Regency in the implementation of guidance and supervision of Notaries. The approach method in this research is empirical juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries is based on the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 of 2004 as referred to in Article 70 and Article 71 of the UUJN, and Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17. Several efforts have been made by the MPD of Central Lampung Regency in maximizing its role in providing guidance and supervision of Notaries in its area, namely: with coaching carried out in the form of workshops and routine socialization . As well as implementing preventive and curative supervision. 2). The obstacles for the MPD of Central Lampung Regency in the implementation of guidance and supervision of Notaries.]]>
<![CDATA[Policy of Land Procurement Committee in Determining Validation of Land Fields Between Regulation & Implementation in Toll Road Construction ]]>
<![CDATA[Mizan, Muhammad Lazuardi Azra]]>;
<![CDATA[Gunarto, Gunarto]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to determine and analyze the policy of the land acquisition committee in determining the validation of land parcels in toll road construction. This research method uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that1) The policy regulation of the land acquisition committee in determining the validation of land parcels in toll road construction already has a strong legal basis and also goes through 8 (eight)activity stagesland acquisition for toll road construction. 2) The implementation of the policy of the land acquisition committee in determining the validation of land parcels in toll road construction is good, this can be seen from the number of lands that have been successfully acquired, of the 2,214 plots of land needed there are only 3 plots of land that have a dispute and even then because of a writing error and can be resolved properly through deliberation between the owner of the aggrieved land parcel and the Procurement Committee. Land for road construction. 3) The review of Islamic law regarding the regulation and implementation of the policy of the land acquisition committee in determining the validation of land parcels in the construction of toll roads is already in accordance with the principles of Islamic law, because the land acquisition committee has held deliberations or negotiations with the owner of the land parcel, thereby minimizing the losses faced by the owner. The principle of deliberation is as stated in the Qur'an surah Asy-Shura verse 38, surah Al-Baqarah verse 233 and Surah Ali Imran verse 159.]]>
<![CDATA[The Settlement of Bad Loans and Executions on Warranty Bound by Liability ]]>
<![CDATA[Sari, Anggi Mahendra]]>;
<![CDATA[Witasari, Aryani]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to determine and analyze 1) How is the settlement of bad loans on guarantees tied to mortgages? PT. Bank Mandiri (Persero) Tbk Tegal Area, 2) How is the execution of Mortgage carried out at PT. Bank Mandiri (Persero) Tbk Tegal Area and. This research method uses approach empirical juridical, namely seeing the workings of law in society. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data in the form of library research. The data analysis used is a qualitative analysis which draws conclusions deductivelyf. The results of this study indicate that1) The stages carried out by PT Bank Mandiri (Persero) Tbk Tegal Area to resolve non-performing loans according to Bank Mandiri Credit Policy (KPBM) as outlined in the Standard Operating Procedures for Credit Collection and Recovery (SOP CCR), by dividing it into 3 (three) stages, namely: the peaceful settlement stage, the coaching stage, and the credit rescue stage. 2) Execution of mortgage right inPT Bank Mandiri (Persero) Tbk Tegal Area experienced several obstacles that arise, so that in practice the applicable regulations have not been effective, this is due to there is non-compliance with a rule, namely Article 11 paragraph (2) letter (j) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related By Land (UUHT) that is the promise that the grantor of the Mortgage will vacate the object of the Mortgage at the time of execution of the Mortgage.]]>
<![CDATA[The Notary Authority in the Making of Land Waqf Prediction Deed ]]>
<![CDATA[Febryan, Rinaldy Bagus]]>;
<![CDATA[Sulchan, Achmad]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Before donating the property of the Wakif, the Wakif must make his Waqf pledge first. Then it is poured into writing, carried out in the presence of the Official Making the Waqf Pledge Deed (PPAIW). The Wakif statement will then be stated in a form of Deed, which is called the Waqf Pledge Deed. The provisions of the requirements for a Notary to become PPAIW are explained in the Regulation of the Minister of Religion Number 73 of 2013 concerning Procedures for Waqf of Immovable and Movable Objects Other than Money. This study uses a normative juridical research approach, examining the implementation or implementation of positive legal provisions and factual contracts in each particular legal event. The results of this study are 1) Notary authority in making Waqf Pledge Deed (AIW) has been given by Article 37 PP No. 42 of 2006, but not all Notaries can be appointed as PPAIW. The main requirements for a Notary to become PPAIW must be Muslim, trustworthy and have a certificate of competence in the field of Waqf issued by the Ministry of Religion; 2) The inhibiting factor in the implementation of the Notary in making the Waqf Pledge Deed is that the people of Jepara Regency only know that PPAIW is the Head of the sub-district KUA in the Jepara Regency Legal area, because until now there has been no Notary in Jepara Regency who has obtained certification as PPAIW in relation to making AIW.]]>
<![CDATA[Legal Protection For House Buyers Subsidies Against Development Who Is Declared In Bankruptcy ]]>
<![CDATA[Dewi, Nurcahya Sukma Kusuma]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to identify and analyze the legal protections for buyers of subsidized houses against tenants who are declared bankrupt, identify and analyze the weaknesses of legal protection for binding subsidized houses and their solutions, and identify and analyze examples of binding deed of selling and buying subsidized houses. The approach method in this research is a normative juridical approach, the research specification is descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the weakness of the legal protection for binding subsidized housing is that there is no standard implementation arrangement regarding legal protection that will be given to consumers who always place the consumer as a weak party because they have submitted a certain amount of money as a down payment and some have started the mortgage payment process without receiving the subsidized housing unit. While the usual solution is for consumers to add some money for the completion of public facilities, such as roads, independently which has not been completed by the developer or receive some money as a substitute for the down payment that has been submitted without receiving the promised unit.]]>
<![CDATA[Legal Protection For Land Certificate Owner Which Coordinate Point Is Different With Land Object ]]>
<![CDATA[Pusparukmi, Nirwanadewi]]>;
<![CDATA[Witasari, Aryani]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Land as one of the agricultural sectors is an important factor for the people of Indonesia. Such is the importance of land for human life, so it is not surprising that every human being wants to own and control it. This desire to control often results in land problems and disputes in social life.The problems that will be examined in this research are: 1)How are the coordinates of the land object different from those listed on the certificate? 2) What is the legal protection for the certificate owner whose coordinates are different from those listed on the certificate? The method used in this research is empirical juridical, namely an approach based on applicable law and based on reality in practice. Based on the problems above, it is known that 1)The Head of the Land Office corrects the error by making a report on the correction, as stipulated in Article 41 paragraph (3) and (6) of the Agrarian Regulation/Head of BPN 3/1997, 2) Preventive legal protection, where legal subjects are given the opportunity to file objections or opinion, the aim is to prevent disputes from occurring.]]>
<![CDATA[Roles & Responsibilities of Notaries Regarding the Deed of Will which is Made In front of Notary ]]>
<![CDATA[Nurani, M. Syaefudin]]>;
<![CDATA[Hasana, Dahniarti]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This legal research aims to know the role of a notary in the settlement of a will made before a notary, the responsibility of a notary to a will made before a notary and how is an example of a testament deed made by a notary. This research is a sociological juridical research  with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that Obligations that must be carried out by a notary after a will is made are obliged to notify all testament acts that he made to the Central List of Wills (DPW) and Heritage Hall (BHP) both open testament (Openbaar Testament), written testament (olographis testament), or closed or confidential testament. Thus the notary has a very important role and the notary's responsibility for the testament act made before him, namely moral responsibility, ethical responsibility, and legal responsibility consisting of formal and material aspects. With respect to a testament act made before him, the notary is responsible for reading it out in front of witnesses. After that, the notary will notify the testament act to the Central List of Wills, the Directorate of Civil Affairs, the Directorate General of General Legal Administration, the Ministry of Law and Human Rights and the Relic Treasure Hall (BHP).]]>
<![CDATA[Juridical Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee at Bank Central Asia ]]>
<![CDATA[Putri, Rikhi Mahardhika]]>;
<![CDATA[Arpangi, Arpangi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.]]>
