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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 40 Documents
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Search results for , issue "Vol 1, No 2 (2022): April 2022" : 40 Documents clear
The Legal Protection for Land Rights Holders Due to Loss of Data Alam, Bahrul
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 its history before the enactment of the UUPA there was a dualism of Agrarian Law in Indonesia. This dualism in agrarian law is more detrimental to indigenous groups, because customary law governing lands with customary rights is an unwritten law, while on the other hand land with western rights is regulated by written western law. Registration for lands subject to western law aims to provide legal certainty guarantees known as Rechts Cadaster or Legal Cadaster.The formulation of the problem in this study are: 1)legal protection for land rights holders due to loss of data at the Kendari City Land Office, 2) the impact of loss of land records on community land rights in Kendari City, 3) legal aspects of legal protection of land rights resulting from data recovery.The method used by researchers isnormative legal approachandspecifications in this study are included in the analytical descriptive.The sources and types of data in this study are primary data obtained from field studies by interviewingBPN in Kendari City.And secondary data obtained from literature studies. Based on the results of research that legal protectionagainst land rights holders due to loss of data at the land office namely1)BPN only provides legal protection to certificates of land rights whose archives have been restored; 2) The purpose of data recovery is to provide legal protection for land rights whose records have been lost/destroyed. BPN recovers data and re-approves land certificates and books as well as measurement papers based on Article 18 Perkaban Number 6 of 2010. The impact of the loss of land records on community land rights in Kendari City is 1) the loss/destroy of land records can weaken the strength of evidence of a certificate as evidence of land rights; 2) the impact of the destruction of land records results in certificates of land rights whose data cannot be used as evidence before being recovered before committing legal acts; 3) loss or destruction of land records does not necessarily eliminate/remove the right to the land in question. Legal aspects of the legal protection of land rights resulting from data recovery are 1) Substantial Aspects, 2) Structural Aspects, 3) Cultural Aspects.Keywords: Land; Protection; Rights.
The Role of Notaries in the Company Acquisition Process Nugroho, Bagus Susilo
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

.This study aims to determine the role of a notary in the acquisition process in a palm oil company. At present there are more and more palm oil companies in Indonesia, which makes competition between palm oil companies even tighter, so that the turnover of existing capital is not always smooth. That's why it is possible to make acquisitions for the purpose of business advantage. The approach method used in this study is an empirical juridical approach, namely studying the applicable legal provisions and what actually happens in society. Acquisitions are divided into two types, namely based on the object to be taken over and the type of business or businesses that have their respective procedures. The role of the notary in the acquisition starts from the beginning of the acquisition process, namely since the General Meeting of Shareholders (GMS) was held to obtain approval for the acquisition where the notary was always involved in making the deed of the GMS. Based on the results of the GMS, if the acquisition has received approval from the shareholders, the notary can prepare the acquisition deed. In addition to preparing the deed of GMS and deed of acquisition, the role of the notary in acquisitions is to provide services in the form of managing the validity of the acquisition, especially regarding the ratification of changes to the company's articles of association as a result of the acquisition to the competent authority (Ministry of Law and Human Rights). So it can be concluded that acquisitions in palm oil companies have a business goal to save the company and the Notary plays an important role in the processes that occur therein.
The Position of Inheritance of Children from Marriages Which Not Recorded in the Conception of Legal Certainty Novita, Puteri Mela; Bawono, Bambang Tri; Hafidz, Jawade
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

This study aims to determine and analyze the inheritance position of children from marriages that are not registered in the conception of legal certainty, analyze legal protection for children from unregistered marriages and analyze examples of certificates of inheritance rights. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required included secondary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research, it is concluded that the position of inheritance of children from marriages that are not registered according to the Marriage Act is only obtained from the mother and her mother's family, on the position of inheritance if the child is recognized by the father as his biological parent then he is entitled to the position of inheritance. In principle, children from marriages are not registered with the decision of the Constitutional Court Number 46/PUU-VIII/2010, children from marriages are not registered to obtain legal certainty of their civil rights. Legal protection for children from marriages is not recorded. Legal efforts can be taken so that a child born from a marriage that is not registered obtains a position as a legal child for a Muslim couple by applying for Marriage Istbat to the Religious Court, so that the Religious Court legalizes the marriage, while for couples non-Muslims to register their marriage with the Civil Registry Office. So that they can issue a marriage certificate and the child from the marriage becomes a legal child and obtains legal protection.
The Legal Consequences of Credit Guarantee by Banks to Third Parties Al Rasyid, Abdillah Salim
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

Research with the title "Legal Consequences of Credit Guarantees by Banks to Third Parties" examines legal issues that arise in credit agreements, especially with motorized vehicle guarantees at Bank Lampung, West Lampung branch, where collateral is not placed on the creditor but on the debtor, the guarantee given to the creditor is only the BPKB of the car while the car unit remains with the debtor, so that in this case the debtor pawns the car as the object of collateral to a third party. The approach method used in this study is sociological juridical, meaning that research is carried out on the real conditions of the application of law to society with the aim and objective of finding facts (fact-finding), which then leads to identification (problem identification) and then leads to problem solving (problem solutions). The default on credit while the solution to these legal problems is (i) Obliging the debtor to provide a replacement guarantee that is equivalent in value. (ii) Obliging debtors to repay their debts.Keywords: Bank; Consequences; Guarantee.
Accountability of Notaries for Providing Covernotes in Credit Agreements Musidah, Musidah
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

This study aims to understand and analyze the legal standing of covernotes made by a notary in a credit agreement and the responsibility of a notary for granting covernotes in a credit agreement which results in losses for banks. The approach method used in this study is sociological juridical, which is a method that is carried out by finding legal realities experienced in the field or an approach that stems from problems concerning matters that are juridical in nature or existing facts. The results of the study show that Covernote is not regulated in laws or positive laws in Indonesia. Publishing and drawing up covernotes by a notary has no legal basis. Covernotes are made based on a habit that can be accepted by society, so that it is trusted and considered as a binding legal product. Notaries carry out their responsibilities in making covernotes by checking and verifying first and ensuring the completeness of the required documents so as to minimize the potential for errors that can cause losses to banks. The notary's negligence in issuing a covernote whose contents contain statements or information that is not true causes him to be held legally responsible for his actions, namely criminal responsibility and civil responsibility.Keywords: Banks; Covernote; Responsibility.
The Legal Position of Wives and Children Resulted from Siri Marriage in the Distribution of Inheritance Based on Equity Damasynta, Anisya Devi Aprilia
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

This study aims to determine and analyze the legal position of the siri wife and the children of the siri marriage in the division of inheritance based on justice. To find out how the position of the siri wife, the position of the children resulting from the siri marriage and the legal consequences of the position of the siri wife and children in the distribution of inheritance based on justice. The approach method in this study is a normative juridical approach. The research specifications are analytical descriptive. The type of data required includes primary data, which includes the Civil Code, UUP No. 1 of 1974, KHI, PP No. 9 of 1975 concerning Implementation of UUP No. 1 of 1974, MK Decision No. 46/PUU-VIII/2010, Al-Qur'an and secondary data, namely books, magazines, websites, research results and/or scientific papers from legal circles that are related to the topic to be discussed. Collecting research data by reviewing and reviewing document studies or library materials. The data analysis method used in analyzing the data is a qualitative analysis method. The results of the study show that the position of a siri wife according to religious law is valid if it fulfills the pillars and conditions for a valid marriage even though it is not registered. According to the provisions in Article 2 paragraph (1) of the Marriage Law, a marriage is valid if it is carried out according to the laws of each religion and belief. This means that if a marriage meets the requirements and the pillars of marriage or Ijb Kabul have been carried out (for Muslims), then the marriage is valid, especially in the eyes of religion and public beliefs. But the validity of this marriage in the eyes of religion and public belief needs to be legalized again by the State, in which case the provisions are contained in Article 2 paragraph (2) of the Marriage Law. However, there are still many people who do not care about the registration of marriages, which results in the status of children being born. Second, related to the position of the siri children born from the siri marriage only having civil relations with the mother and the mother's family, the illegitimate child from the siri marriage does not obtain his rights to the maximum in a country based on law. And third, related to the legal consequences of the siri wife and siri children in the distribution of inheritance that the siri wife is not entitled to a living and assets gono like this in the event of a divorce and the siri children only have an inheritance relationship with their mother and her mother's family.Keywords: Distribution; Inheritance; Marriage; Wife.
Legal Position of Notary Deed that Does Not Meet the Elements of the Agreement in the Conception of Legal Certainty Nau, Yonatan
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

This study aims to determine and analyze the legal position of a notary deed that does not fulfill the elements of the agreement in the conception of legal certainty through the study of the Cooperation Agreement Deed No. 86 dated 28 June 2008 made by Notary Yoshephina Vestha Raya, SH. normative juridical with analytical descriptive research specifications. The type of data used is secondary data consisting of primary, secondary and tertiary legal materials, namely legislation, jurisprudence and court decisions that have permanent legal force, books, journals and expert opinions, as well as dictionaries or encyclopedias. All data was collected through a literature study, where the data collected was analyzed using qualitative analysis. The results of the study show that: First, a deed that has united two legal actions that have different characters and elements, namely on the one hand there is cooperation in the management of mining land (Innominaat agreement) but on the other hand there is a transfer of material rights that must be made in the form of a Nominaat agreement thus contradicting the elements of the Nominaat agreement. Such agreement deed is a violation of statutory provisions or contrary to the legality of the four terms of an agreement as stipulated in Article 1335 of the Civil Code, 1337 of the Civil Code, which relates to Article 1338 of the Civil Code and Article 1339 of the Civil Code and violates the principle of "One Deed for One Legal Action" as the legal principles of Supreme Court Jurisprudence in Decision Number 1440K/Pdt/1996 dated 30 June 1998. Second,Keywords: Agreement; Compliance; Elements.
The Legal Certainty of Attorney’s Special Power for Advocates made by a Notary to Conduct a Session in a Religious Court Rizqiansyah, Arif; Bawono, Bambang Tri
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

This study aims to analyze: The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court. 2) Legal certainty of special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court. The approach method used in discussing this problem was a normative juridical approach. Normative juridical is library law research conducted by examining library materials or secondary data. The results of the study: 1) The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court is an attribution obligation carried out based on Article 15 of the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2014 2004 Regarding the Position of Notary. Attributive authority is an authority that comes from the law. One of these powers is to make a power of attorney. The notary has the authority to make a special power of attorney based on the statements of the witnesses, so that the special power of attorney will have legal force as an authentic deed that is perfect. 2) Legal certainty that a special power of attorney for Advocates made by a Notary to carry out a trial at the Pekalongan Religious Court can be achieved if it meets the requirements in Article 1796 of the Civil Code, which is limited in nature, the legal action can only be carried out by the attorney himself, in addition to the letter must be before a notary. The special power of attorney can be made directly by the parties before a notary, or made by the parties first and then requested for approval by a notary. The legal certainty of a special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court is related to the role of a notary in providing legal certainty for his clients. To be able to provide legal certainty, a notary must be guided by the laws and regulations that govern it.
The Role of the Notary Supervisory Board Against Falsification of Documents by Notaries in Making Authentic Deeds Diva Salzabila, Kanzha
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

This study aims to analyze: 1) The role of the Notary Supervisory Council against document falsification by a notary in making an authentic deed. 2) The responsibility of the Notary who falsifies documents in the making of an authentic deed. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary and secondary data obtained through interviews and literature studies. The data analysis method used is qualitative. The results of the study concluded: 1) The role of the Notary Supervisory Board against falsification of documents by a notary in making a deed is the attribution of authority sourced from the Legislation. The Notary Supervisory Board's role is to conduct an examination of alleged violations of the behavior and implementation of the Notary's position and impose sanctions if proven guilty. In a lawsuit involving a Notary, the Regional Supervisory Council was tasked with receiving reports, followed by an examination by the Regional Supervisory Council, and the imposition of sanctions if found guilty by the Central Supervisory Council. 2) The responsibility of a Notary who falsifies documents in making an authentic deed is a responsibility that adheres to the principle of responsibility based on fault of liability, meaning that the Notary must be responsible if the deed he made contains an error or intentional violation by the Notary, otherwise, if the element of error or violation occurs from the parties appearing, then as long as the Notary carries out his authority according to the regulations. The Notary concerned cannot be held accountable, because the Notary only records what was conveyed by the parties to be poured into the deed. False information submitted by the parties is the responsibility of the parties.Keywords: Authentic; Deed; Notary; Supervisory.
Liability of Notaries for Debts and Receivables Made With the Deed of Sale and Purchase Binding Agreement and Power of Attorney for Sale Debt Guarantee Certificate Winda Kusuma, Reza Olivia
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 results showed that the deed of acknowledgment of debt based on the binding sale and purchase agreement and the selling power of attorney was canceled by the judge, namely the mortgage right in the engagement is the right that gives the mortgage holder the rights to hold the collateral right if there is a default, the mortgage holder can apply for a security confiscation in accordance with the law. The agreement according to article 1320 is a legal agreement made between the two parties whose contents are the rights and obligations of each. The terms of the agreement are subjective terms and objective conditions. The position of the case and the position of the case and the judge's decision related to the binding sale and purchase agreement and the power of attorney to sell, namely the results of the trial by the Panel of Judges, the identity of the defendant, namely Tri Agus Heryono, SH bin Ruyono Sumowidigd, the judge was of the opinion that there was no in persona error in the indictment of the Public Prosecutor, so that the element of whoever was fulfilled. What is meant by benefiting oneself or others is that the maker or other person enjoys the results of their actions either directly or indirectly. What is meant by unlawful means is that the act is carried out in a way that is contrary to the law.Keywords: Accountability; Certificate; Guarantee; Payable.

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