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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 15 Documents
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Search results for , issue "Vol 1, No 1 (2022): January 2022" : 15 Documents clear
Legal Protection of Auction Buyers of Mortgage Objects Canceled by Court at the State Property Service Office and Auctions Yusuf, Adrian Hasfi; Gunarto, Gunarto
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to: analyze the legal remedies of mortgaged object buyers at the State Property Service Office and Auctions that were canceled, To analyze the legal protection of mortgaged object auction buyers at the State Property and Auction Services Office which were canceled by the court, To analyze the mortgage objects in Office of the State Assets and Auction Service which was canceled by the court. Research Methods: The empirical juridical approach is that this research means that in analyzing the problem, it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about "Legal Protection Of The Position Of Buyer Auction Objects Of Liability Canceled At The Court' s Decision In The Office Services Of State Property And Auction In The City Of Pekalongan” This type of research is analytical descriptive, that is, this research is analytical descriptive, which describes the data obtained from observations, interviews, documents and field notes, then analyzed in the form of a thesis to describe the problem with the title chosen, namely Legal Protection Of Object Auction Buyer Position Liability Rights Canceled Court Decisions At The State Property Service Office And Auction In Pekalongan City. From the approach, this research uses an empirical juridical approach.
The Sporadic Customary Land Registration Problems Laksmana, Gustav Tifa; Maryanto, Maryanto
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is aimed at the majority of the population of the Gubug District community, which has not yet obtained a land certificate. Because they still don't understand the meaning and function as well as land certificates, so the proof of land ownership uses the Village C/D letter. Based on Government Regulation Number 24 of 1997 concerning Land Registration, this Government Regulation is the basis for conducting land registration. However, in reality there are still many who have not carried out the certification process. The problems studied are: the problems of sporadic implementation of customary land registration, obstacles and efforts in the implementation of land registration. The approach method used in this study is an empirical or sociological juridical approach. While the data analysis method used in this study is a qualitative method. Based on the results of the study, it shows that the process of implementing customary land registration has not been carried out in part by a sporadic system at the Land Office and PPAT and in the implementation there are still obstacles that are still considered difficult and expensive, the cost of land registration certificates and ignorance in the community. Meanwhile, the solution sought is to provide information and socialization so that the community understands more about the importance of land certificates.
Implementation of Electronic System based on Notary Administration Wulandari, Rezekista; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to (1) identify and understand the implementation of electronic-based Notary Administration in the conception of legal certainty. (2) knowing and understanding the effectiveness of electronic-based administrative system management. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed by quantitative descriptive. The results of the study show that (1) the Implementation of Electronic-Based Notary Administration provides legal certainty guarantees if there are no conflicting provisions between one law and another (2) Effectively Management of the Electronic-Based Notary Administration System is economical, electronic notary protocol storage aims to be more practical, efficient, inexpensive and secure. Meanwhile, from the legal aspect, it can help and facilitate the legal process related to the law of evidence, namely electronic evidence.
Juridical Study of Agreements Between Developers and Home Buyers in Failed to Build Issues Yuliani, Nur Amanah; Dwi Istinah, Siti Rodhiyah
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to analyze: 1). Implementation of the agreement between the developer and the buyer of the house in the problem of failing to build in Pemalang City at this time. 2). Implementation of the agreement between the developer and the buyer of the house in the case of failing to build in Pemalang City, which should be. The approach method in this research is a normative juridical approach using a statutory approach and a conceptual approach. The secondary data used were obtained through literature study, data analysis was carried out using descriptive analytic. The results of the study concluded: 1). The problem of failure to build usually only arises when the object in the house sale and purchase agreement has been handed over, but it turns out that the quality is not as expected by the consumer or the environment where the house that is the object of the agreement is built is not in accordance with the agreement. This is actually something that needs to be looked at together both by the developer himself as a seller and by the consumer as a buyer. In addition, failure to wake up late is known when the handover of the house is carried out during the dry season and consumers only find out that there will be defects in the building during the rainy season. Even though the warranty period from the developer has expired. This problem is experienced by consumers from CV. Bima Abadi then filed a complaint to the developer about the problem. In the end, the matter was resolved amicably. The parties agree that the developer will bear the cost of destroying the building in half and the rest will be borne by the consumer. 2). The implementation of the agreement should be based on contractual liability (responsibility based on the agreement) as regulated in article 134 of Act No. 1 of 2011 concerning Housing and Settlement Areas which states that "Everyone is prohibited from carrying out housing construction, which does not build housing in accordance with the criteria as specifications, requirements, infrastructure, facilities, and public utilities that have been agreed. It is clear in Act No. 1 of 2011 concerning Housing and Settlement Areas in article 134, to provide protection for housing consumers for an agreement made with business actors, in this case housing developers.
Juridical Implications of Power of Attorney Imposing Mortgage as Collateral in Credit Agreements at Regional Bank Public Company Agustina, Dadan Hardiana; Djunaedi, Djunaedi
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to analyze: 1) the implementation of credit agreements using a Power of Attorney to impose Mortgage as collateral in a Regional Public Company BPR Bank Brebes. 2) The juridical implications of the Power of Attorney to impose Mortgage which are used as collateral in the credit agreement at the Regional Public Company BPR Bank Brebes. 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 implementation of a credit agreement using a Power of Attorney to impose Mortgage as collateral in a Regional Public Company BPR Bank Brebes is only carried out if absolutely necessary and the mortgagee cannot be present before a Notary/PPAT. The power of attorney must be given directly by the giver of the Mortgage and must meet the requirements that have been set. 2) The juridical implications of the Power of Attorney to impose Mortgage which are used as collateral in the credit agreement at the Regional Public Company BPR Bank Brebes are related to the SKMHT guarantee which cannot be withdrawn or cannot be terminated for any reason, except because the power of attorney has been exercised or because the time is up. SKMHT concerning Mortgage that has been registered must be followed by making APHT no later than 1 (one) month after it is given. If the land has not been registered, or has been certified but has not been registered in the name of the mortgagee as a new right holder, the deadline for making APHT is 3 months after it is granted. SKMHT which is not followed by making APHT within the specified time, is null and void. In addition, the SKMHT is only an authorized institution and not as a guarantee institution in paying off a loan. This means that SKMHT does not give any position to the bank as a creditor.

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