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[The Disharmonization of Wills Decisions by Judges on the Basis of Justice Values ]]>
<![CDATA[Miftakhudin, Muh.]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[The Enforcement of the Notary Code of Ethics Based on the Law on Notary Positions in Theory and Practice ]]>
<![CDATA[Tonglo, Abdi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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]]>
<![CDATA[Compensation For Land Procurement For Klonengan Fly Over (FO) Development Project ]]>
<![CDATA[Khoirunnisa, Nurizka Tiffany]]>;
<![CDATA[Arpangi, Arpangi]]>;
<![CDATA[Widayati, Widayati]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Compensation for land acquisition has often been found in various areas where land has been affected by development projects for the public interest. One of the cases that occurred was in the Margasari area, Tegal Regency. The construction of the Fly Over project with Decision Number 05/Pdt.G/2017/PN.SLW which occurred on the Tegal-Pemalang-Pekalongan road section caused several problems, one of which was where the profit compensation was deemed unfair, so a lawsuit was filed in court. This study used a Juridical Empirical approach, by comparing the laws and regulations relating to disputes related to land acquisition for the public interest with practices that occur in the field through Decision Number 05/Pdt.G/2017/PN.SLW. Based on the results of research and discussion: 1) The land acquisition process carried out by the land acquisition committee in resolving disputes; 2) Achievement of the value of justice for communities affected by the Fly Over development project by comparing it with existing theories; 3) Implementation of compensation for land acquisition in accordance with the value of justice by comparing it with the principles contained in Act No. 2 of 2012. The conclusion from the writing of this law is that the compensation provided by the Government is fair and in accordance with existing and applicable regulations.]]>
<![CDATA[Juridical Review the Role of the Notary Honor Council in Providing Sanctions against Notary That Violates the Code of Ethics of Notary Position ]]>
<![CDATA[Damayanti, Fera]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research will be examined in this study are: What is the mechanism for imposing sanctions on notaries who violate the notary's code of ethics and the efforts that can be made by a notary who is imposed with a sanction for violating the notary's code of ethics to file an objection. The approach method used is a normative juridical approach and the specifications used in this study are analytical descriptive research. Based on the results of the study it can be concluded that for Notaries who violate the code of ethics, the Ethics Council can impose sanctions on the violators, sanctions imposed on members of the Indonesian Notary Association who violate the code of ethics can be in the form of: Reprimand, Warning, Temporary Dismissal from Association Membership, Dismissal With Respect from Association Members, and Disrespectful Dismissal from Association Members. However, the dismissal sanction given to a Notary who violates the code of ethics is not in the form of dismissal from the notary position but dismissal from membership of the Indonesian Notary Association. So that the sanction seems to have less binding power for Notaries who violate the code of ethics. Notaries who have been sanctioned for violating the code of ethics can defend themselves and can appeal in stages against the decisions of the Regional Ethics Council to the Regional Ethics Council and the Central Ethics Council as a final level examination.Keywords: Notary, Code of Ethics, Sanctions]]>
<![CDATA[The Juridical Study of the Implementation of Hotel Condominium Agreements ]]>
<![CDATA[Arifin, Himawan]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Hotel condominiums are accommodations that can be used as an alternative to support the high mobility of today's society. This has made Condotel grow rapidly in Indonesia, however, this development is not in line with the existence of clear legal regulations. The approach method used in this qualitative legal research is a sociological juridical approach, which is an approach by seeking information through direct interviews with informants empirically first and then followed by conducting research on secondary data found in literature studies through theoretical steps. Based on the research conducted, it can be seen that the implementation of hotel condominium agreements so far has not had a legal footing in Indonesia, this has resulted in many developers and builders often seeking large profits without heeding the principles of good ethics in buying and selling agreements and managing hotel condominiums. The weaknesses that make the condo hotel agreement policy in Indonesia not fair are the weaknesses in the laws and regulations in the form of non-regulation of the contents of the condo hotel agreement and the position of the condo hotel in Act No. 20 of 2011, the weakness in law enforcement in the form of the lack of oversight regarding the sale agreement purchase and management of hotel condos, and the habit factor of hotel condominium development and construction actors who mostly seek profit through sale and purchase agreements and management of hotel condominiums by setting aside consumers or hotel condo owners. The solution that can be done is to make legal regulations specifically related to hotel condos, considering that hotel condos are different from condos in general.Keywords: Agreement; Condominium; Hotel; Juridical.]]>
<![CDATA[The Juridical Review the Roles and Responsibilities of Notaries in Credit Agreements in Banking ]]>
<![CDATA[Prihadi, Rizal Hakim]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[An authentic deed is a deed made in a form determined by law, made by or before a public official in charge for that at the place where the deed was made. Some of the objectives of this study are first to find out the benefits of a credit agreement with a notarial deed when compared to private deed, second to analyze standard agreements in bank credit agreements in relation to the principle of freedom of contract, third to find out the role and responsibilities of notaries in credit agreements on Banking and fourth to find out what factors influence the roles and responsibilities of a notary in the credit agreement at Semarang Banking. The research method used is through statutory and empirical approach methods, using primary data and secondary data.Keywords: Agreement; Credit; Notary.]]>
<![CDATA[The Legal Harmonization in Bankruptcy Arrangements in the Notary Profession ]]>
<![CDATA[Purnamasari, Dyah Putri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Notary profession can be dishonorably dismissed if declared bankrupt by a court decision regulated in article 12 letter a of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 Position of Notary. The provisions of this article contradict the provisions of the Bankruptcy and Suspension of Obligations for Payment of Debt Law No. 37 of 2004 which cover the subject of bankruptcy, the object of bankruptcy and the legal consequences of bankruptcy. This legal research aims to find out and analyze the harmonization of the Law on Notary Office and the Law on Bankruptcy and Suspension of Debt Payment Obligations, especially the Notary Profession declared bankrupt and to know and analyze legal certainty for the Notary profession declared bankrupt. This study uses a normative juridical approach using analytical descriptive research specifications. The type of data in this legal research is normative by using primary legal materials in the form of various laws and regulations related to bankruptcy law for the Notary profession. Secondary legal materials are in the form of journals, both international and national journals, opinions of legal scholars, papers, research reports, articles and magazines as well as literature and electronic libraries related to legal protection. As well as tertiary legal materials in this study in the form of legal dictionaries, Indonesian dictionaries and encyclopedias. The method of collecting data in this study is in the form of literature and the method of data analysis used is in the form of legal logic with the deductive method. Based on the results of the research and discussion, disharmony was found between the Law on Notary Office and the Bankruptcy Law regarding the regulation of the profession of a Notary who was declared bankrupt both in terms of the subject of bankruptcy, the object of bankruptcy and the legal consequences of bankruptcy for the Notary profession. Then it was found that there were multiple interpretations in article 12 letter (a) of the Notary Office Law, causing legal uncertainty and injustice for Notaries who were declared bankrupt.Keywordsci: Bankruptcy; Harmonization; Profession.]]>
<![CDATA[The Legal Policy towards the Prevention of the Land Mafia Base of Implementing the Land Registration System ]]>
<![CDATA[Novita, Ita]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to determine the building of a land registration system that is free from land mafia practices, and to identify and analyze obstacles in preventing land mafia in the land registration system. The research approach method used in this journal is the normative juridical research method. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Constitution; Act No. 5 of 1960; Basic Agrarian Law; Code of Civil law; The Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data by studying documents or library materials. The data analysis method used in analyzing the data isnormative or literary research methods, this research is conducted to obtain more in-depth knowledge about the land registration system and the prevention and eradication of the Land Mafia by individuals and/or groups. Based on the research it was concluded that there is a need for a regulation on the system as well as an increase in good supervision by the central government and an increase in certificate products and guarantees of accountability for formal certificate products. Barriers to preventing the land mafia in the land registration system arethe unavailability of a legal umbrella and formation policyalternative dispute resolution (ADR) on land conflict/dispute resolution and the synergy of parties who have special authority in preventing and eradicating the land mafia, namely the Police, Prosecutors' Office, Courts, PANJA Land Mafia.Keywords: Land; Mafia; Registration; System.]]>
<![CDATA[The Role of a Notary in the Distribution of Inheritance Based on the Inheritance System of Indonesian Citizens ]]>
<![CDATA[Al Jawad Alkaf, Mohamad Taqi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[. This study examines and analyzes the role of a notary in the distribution of inheritance based on the inheritance system of Indonesian citizens. Analyze the notary's constraints in the distribution of inheritance based on the inheritance system of Indonesian citizens, and formulate the ideal role of the notary in the distribution of inheritance based on the inheritance system of Indonesian citizens which guarantees legal certainty for heirs. The research method used in this study is sociological juridical, while the data collection method used is library research by collecting legal materials in the field and interviews. The data analysis method was carried out qualitatively and then presented descriptively. This research resulted in the notary's accountability authority in making a testamentary deed which still follows the provisions in article 16 UUJN Law No. 2 of 2014 concerning the Office of a Notary. Article 16 of this UUJN makes provisions regarding the requirements for a notary in forming a deed, if one of the conditions referred to is not met, the deed in question only has the power of proof as a private deed. Notaries who violate these provisions may be subject to sanctions in the form of written warnings, dishonorable discharges. In addition to being subject to these sanctions, the party that suffers a loss can demand reimbursement of costs, compensation, and if it is proven that the notary has committed a violation of the UUJN, such as falsifying the identities of the parties, falsifying signatures, then the notary can be held criminally responsible. The results of the study found that the role of a notary in the distribution of inheritance based on the inheritance system of Indonesian citizens, in serving the public in accordance with professional ethical morals and laws is to confirm acts in private law in the form of authentic deeds as perfect evidence with the aim of providing legal certainty as well as protection. law to related parties. Notaries have authority in the distribution of Islamic inheritance, but according to Notary Muhammad Sauki, SH, it is the court that has full authority to determine recognition and termination legally. Keywords: Inheritance; Law; Notary.]]>
<![CDATA[The Juridical Review of Making a Marriage Agreement Deed Based on a Decision of the Jepara District Court ]]>
<![CDATA[Rahmawati, Dewi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The implication of the Constitutional Court Decision Number 69/PUU-XIII/2015 on the making of a marriage agreement deed after marriage made before a Notary changes the legal mechanism for making a marriage agreement. On a scientific basis, writing is motivated to carry out a scientific study in the form of systematic and fundamental research with the title "Juridical Review of Making a Marriage Agreement Deed Based on a Jepara District Court Decision (Case Study of Decision No.46/Pdt.P/2020/Pn.Jpa)". The research method used is a Normative juridical approach, namely legal research that uses primary data as initial data, which is then followed by secondary data or field data, in the form of interviews with District Court Judges to find relationships (correlation) between various symptoms or variables as a data collection tool. consisting of document studies, observations (observations), and interviews (interviews). Researching the Juridical Review of Making Marriage Agreement Deeds Based on Jepara District Court Decisions. In Article 1338 of the Civil Code, besides that it is also based on universally applicable provisions that the District Court is prohibited from rejecting any application and/or case that is submitted and Legal Certainty Regarding the Making of the Deed of Marriage Agreement Based on the Decision of the Jepara District Court, namely the legal consequences that arise from making a marriage agreement after marriage, namely: against the party who made it, where the marriage agreement is legally binding for the husband and wife who make it comply with the agreement contained in the marriage agreement; with regard to marital assets, each husband and wife will become stronger legally, both regarding the separation of assets and debts incurred after the marriage agreement.Keywords: Agreement; Deed; Determination; Marriage.]]>
