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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 Juridical Analysis of the Application of the rechtsverwerking Institution Kusuma, Nadya Novina
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 identify and analyze the mechanism for obtaining land rights through the rechtsverwerking institution and the application of rechtsverwerking in several court decisions that have permanent legal force. The research method used is juridical-normative by tracing secondary data through library research, while the analytical approach is carried out qualitatively with a prescriptive type. The results of the research show that the legal position of the rechtsverwerking institution in the land system in Indonesia is recognized and regulated in Article 32 of Government Regulation Number 24 of 1997 concerning Registration. With regard to the mechanism for acquiring land rights originating from old rights to land, the provisions contained in Article 24 of Government Regulation Number 24 of 1997 concerning Land Registration where rights to land originating from old rights are positioned as written evidence. to the existence of rights to a plot of land with the provision that it must pay attention to the terms of land tenure and also pay attention to the provisions of Article 32 paragraph (2). With regard to the acquisition of land rights through the rechtsverwerking institution, in the case of the Supreme Court Decision Number 1034 PK/Pdt/2019, it shows that there is still a lack of uniformity in understanding by the judges regarding the position of land rights originating from old land rights and the mechanism for obtaining land rights through the rechtsverwerking agency.Keywords: Land; Rechtverwerking; National.
Juridical Implications of Making of the Deed of Binding the Sale and Purchase of Land that Guarantees Individual Debt Pratiwi, Eka
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

As social beings, humans need other humans to meet their needs. What's more, the human need for land continues to increase, in line with the increasing human population in Indonesia. Fulfilling the need for the land, can be done by carrying out sale and purchase transactions, and transferring rights over the land in order to obtain valid legal certainty in accordance with applicable regulations. The more important the need for land, the more problems that arise related to the transfer of land rights. As with the buying and selling process in general, besides the subject and object that must be clear, in buying and selling land there will also be rights and obligations that must be fulfilled by both parties. If one party is negligent and does not fulfill its obligations, as stated in the agreement. As described above, the author is interested in conducting research with the title "Juridical Implications of Making Deeds of Sale and Purchase Binding of Land that Become Guarantees for Individual Debt". The formulation of the problem to be examined is (1) what are the juridical implications of making a Sale and Purchase Binding Deed for land objects that are collateral for individual debt, made by a Notary? (2) what is the position and responsibility of the parties to the Deed of the Sale and Purchase Agreement? (3) what is the form of the Deed of Sale and Purchase Agreement on the land that serves as collateral for individual debt? The research method used to obtain data in this study, uses a normative juridical approach, with descriptive research specifications analytical. This normative legal research is also referred to as library legal research, where library materials constitute basic data in (science) research which is classified as secondary data, and then analyzed qualitatively. Based on the results of research conducted by the author, it is known that the legal consequences of making the Deed of Agreement Binding Sale and Purchase Authorization, which is the object of sale and purchase in the agreement, is the object of collateral for the individual debt to be null and void. sale and purchase in the agreement, is the object of collateral for the individual debt to be null and void by law. The Buyer can apply for a return of payment for land, compensation or fines, due to non-fulfillment of the obligations of the Seller, as stated in the Sales and Purchase Agreement.Keywords: Guarantees; Implications; Juridical.
Juridical Analysis of the Implementation of Cyber Notary in Indonesia is Associated with the Obligations of Parties to Sign Deeds Electronically Listiyani, Novita
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

Article 15 paragraph (3) UUJNP notary has the authority to certify transactions conducted electronically (Cyber Notary). From the Elucidation of Article 15 paragraph (3) of the UUJNP, there is no further understanding regarding the certifying authority possessed by a notary, there is no explanation regarding the meaning of the word certifying, causing a blurring of legal norms. This article aims toknow and analyzethe implementation of Cyber Notary in Indonesia is associated with the obligations of the parties to sign the deed electronically and how legal certainty is regarding a deed made with the Cyber Notary mechanism. This research uses the sociological juridical approach method, the specification of the analytical descriptive research is how to describe the condition of the object under study, the data collection method is done by interviews and literature studies, as well as the qualitative analytical method as a method in analyzing data. Based on research results and discussion: 1)Cyber notary has begun to be implemented in Indonesia, for example inmaking of a minutes of meeting at the General Meeting of Shareholders (GMS) of a Limited Liability Company by a Notary, but using electronic media is contrary to Article 16 paragraph (1) letter m of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2014 2004 concerning Notary Office; 2)With the cyber notary concept in making Authentic Deeds it is still contrary to the terms and mechanisms in the Authentic Deed itself both regulated in the Criminal Code, UUJN and UU ITE. Where there is an element of "confronting" as a formal requirement that must be fulfilled by the Notary and the parties in making an Authentic Deed, so that if these conditions are not fulfilled, the status of the deed which was originally considered an Authentic Deed which has the strongest evidentiary power can change to a deed under the hand.Keywords: Agreement; Evidence; Obligation.
The Implementation of Land Rights Grant to Adopted Children by Their Adopting Parents Ahmad, Fadly Kaizar
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 this research for: 1. To find out the implementation of land rights grants to adopted children in terms of customary law, Islamic law, civil law. 2. To find out the legitimacy of grants of land rights given to adopted children by adoptive parents. 3. To find out the legal implications of grants to adopted children regarding land rights that will be withdrawn by their adoptive parents. Research methods it usesThe approach in this study uses an empirical juridical approach. Empirical juridical research is a problem approach regarding matters that are juridical in nature and the existing facts regarding matters that are juridical in nature. Empirical legal research or sociological research is legal research that uses primary data. The research results determine that: 1) Implementation of land rights grants to adopted children in terms of customary law, Islamic law, and civil law: a. The implementation of grants according to customary law is carried out according to what is customary or customary in each region in Indonesia. b. Implementation of grants according to Islamic law. Based on the Compilation of Islamic Law Article 210 Compilation of Islamic Law grants made must comply with the provisions of that article. c. Implementation of Grants According to Civil Law. Implementation of grants according to civil law is carried out according to Article 1666 of the Civil Code. 2) Legitimacy of Adoptive Children Against Grants of Land Rights Granted by Adoptive Parents. Adoption of a child also has an impact on inheritance, changing the status of a child who is adopted to become a child of adoptive parents brings juridical consequences to inheritance. This means that the adoption of a child results in a mutual inheritance relationship between the adopted child and his adoptive parents and vice versa. In line with what has been described above, adopted children have legal force and are entitled to grants given or inheritance given by their adoptive parents if the adoption is carried out according to statutory procedures. 3) Legal implications of grants to adopted children against land rights which will be withdrawn by their adoptive parents. Basically the Civil Code does not prohibit a person from giving his inheritance to his adopted child according to the provisions of the Civil Code. Whereas in Islamic law.Keywords: Adopted; Children; Grants; Parents.
The Juridical Implications of Cancellation A Marriage Agreement Marsono, Marsono
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 aim of the research is to find out and analyze the juridical implications of canceling the marriage agreement made by a Notary, and to find out and analyze the legal consequences arising from the cancellation of the marriage agreement made by a Notary due to the non-fulfillment of the objective elements in the marriage requirements. This research is a qualitative research with a sociological juridical approach. The assets acquired during the marriage are in the form of land acquired during the marriage if both parties carry out a mixed marriage or marriage between different nationalities the land must be released because there has been a mixture of assets in which Indonesian citizens will lose their rights to their land. The legal consequences arising from the cancellation of the marriage agreement made by a Notary due to the non-fulfillment of the objective elements in the conditions of marriage for the husband and wife concerned after a District Court order is issued, namely returning to its original state before the existence of the agreement, as well as the creation of a joint property union between the husband and wife. While the inheritance will remain under the control of each party that brought it into marriage. It is suggested that the marriage agreement should be made based on the agreement of the parties and set forth in an authentic deed made by a notary so that the agreement has perfect and permanent legal force and is binding for both parties. Legal consequences with the cancellation of the marriage agreement that has been stipulated, for prospective married couples who want to make a marriage agreement in order to better understand all the consequences that will be received after the marriage agreement applies between them.Keywords: Agreement; Canceling; Marriage.
The Accountability of Officials Making Land Deeds (PPAT) Against Land Rights Grant Deeds Canceled by Courts Habibi, Hilman
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 find out and analyze the accountability of the official who made the land deed (PPAT) for the grant deed which was canceled by the court. The research approach method used in this journal is the sociological juridical method. The specification of this research is using descriptive analysis, which is research that describes a situation or event and also draws general conclusions from the problems discussed. The type of data used in this research is primary data covering the 1945 Constitution; Basic Agrarian Act No. 5 of 1960 Government Regulation Number 37 of 1998, Government Regulation Number 24 of 1997, Land Agency Agency Regulation Number 1 of 2006, as well as secondary data containing books and other supporting documents. Methods of data analysis obtained from the results of library research, field research will be analyzed using qualitative descriptive research. Based on the research, it was concluded that the results of the research show that First: The responsibility of the Officer who made the land deed for the Grant Deed which was canceled by the case study court Case Number: 0362/Pdt.G/2016/PA.Kng is in the form of responsibility for the obligation to make the deed regulated in Per ka BPN Number 1 of 2006, PP number 37 of 1998, PP Number 24 of 1997 accountability can be civil, administrative or criminal.Keywords: Accountability; Canceled; Court; Grants.
The Legal Protection for Parties in Making E-Notary-Based Authentic Deeds during the Covid-19 Pandemic Astuti, Dea; Wahyuningsih, Sri Endah
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 need for authentic e-notary-based deeds during the COVID-19 pandemic and to find out legal protection for parties in making e-notary authentic deeds during the COVID-19 pandemic. The method used in this study is a sociological juridical analysis method, namely a review based on applicable laws and regulations with phenomena that develop in society. The results of the study show that E-Notary during the COVID-19 pandemic is very necessary to protect the notary and the public from the threat of the virus and aims to protect against document falsification. The application of the cyber notary concept in Indonesia is very necessary to anticipate other emergencies that cannot be predicted in the future. The protection of the parties in making an authentic deed based on e-notary has not been specifically regulated in positive law in Indonesia, so that the deed made is not in accordance with the provisions of the authentic deed as regulated in Article 1868 of the Civil Code and the Law on Notary Positions No. 2 of 2014 specificall in Article 38 UUJN and Article 16 paragraph (1) letter m UUJN then the strength of the notary deed does not have perfect proof like an authentic deed, it does not meet the requirements for the authenticity of a deed. Until now, electronic deeds are only considered as private deeds which are equivalent with documents, letters, and electronic certificates.
The Legal Certainty of Electronic Land Certificates in Land Law in Indonesia Hadi, Nofa Isnan
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 aims of this study were to analyze: 1) Legal certainty of electronic land title certificates in Indonesian land registration law 2). Obstacles and solutions in the implementation of making electronic-based land certificates in Indonesia. The approach method used in this study is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data sourced from literature. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1). The legal certainty of electronic land title certificates in the law of land registration in Indonesia is the urgency of holding land registration. The ultimate goal of the land registration process is the issuance of a document proving the right to land ownership, which is then referred to as a certificate. Electronic land certificates as proof of electronic ownership recognized by the ITE Law, especially those stipulated in Article 6. In terms of validity and legal certainty, there is no problem, let alone it has also been strengthened in Article 5 of the ATR/BPN Ministerial Regulation Number 1 of 2021. Legal certainty of electronic certificates in Electronic document forms can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and printed results as a valid form of evidence. This is a reference to the legitimacy of the position of the electronic certificate to be used as evidence in court as long as the data stored in the electronic system does not change (guaranteed its integrity) according to what is in the land book. 2). Obstacles in implementing electronic-based land certificates in Indonesia are the incomplete land database, there are still population problems such as E-KTP, the existence of laws and regulations that are still not in sync, limited internet access to access electronic certificates, lack of socialization of electronic certificates from the Government. The solution that can be done is to synchronize and complete the land database, solve population problems.Keywords: Certainty; Certificate, Land; Registration.
The Legal Protection of Creditors Who Do Not Respond to Payment Offers in Bankruptcy Settlement Primaditha, Anindya Putri
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 find out and explain legal protection for creditors who have never responded to offers of cash payments in bankruptcy settlements, and settlement of accounts payable against these creditors based on case studies of Central Jakarta District Court Decision Number 364/Pdt.P/2020/PN. Jkt. Pst. The approach method uses normative juridical methods. The research specifications are analytical descriptive. The type of data is secondary legal data, consisting of primary legal materials, namely the 1945 Constitution, statutory regulations and court decisions; secondary legal materials such as books and journals, as well as tertiary legal materials. Data collection method is done by literature study or document study. Methods of data analysis using qualitative data analysis method. The results of the study show that legal protection for creditors who do not respond to offers of cash payments must be pursued through curators, namely submitting offers of cash payments on deposit/consignment, and requesting approval from the court if the creditors still do not respond; court institutions, through judges, clerks and bailiffs according to their duties and authorities; and the existence of written regulations as a basis in efforts to protect the law against these creditors. If the creditor does not respond, then Article 1404 jo. 1381 of the Civil Code, and the cash payment offer was ratified by the District Court.Keywords: Bankruptcy; Consignment; Payment Offer; Protection.
The Legal Protection for Buyers of Land with Letter C Status in the Presence Land Deed Making Officer (PPAT) Lestari, Yulia; Hasana, Dahniarti
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 this research is to analyze: 1) The process of making a deed of sale and purchase of land with Letter C status by the Land Deed Making Officer (PPAT). 2) Legal protection for the buyer of the sale and purchase of land that is still in Letter C status before the Land Deed Maker Official (PPAT). The approach method used in discussing this research problem was a sociological juridical approach. The specification of the research used is descriptive analytical research. The results of the study concluded: 1) The process of making a land sale and purchase deed with Letter C status by the Land Deed Maker Official (PPAT) is actually not much different from the sale and purchase of land that has been certified. However, in making a deed of sale and purchase of land with letter c status, a photocopy of Letter C must be attached, a quote from Letter C, a legalized statement of control and ownership of the land and explain that the person concerned controls the plot of land. After all the required documents have been fulfilled by the parties, the sale and purchase of land can be carried out before the PPAT. 2) Legal protection for the buyer of the sale and purchase of land that is still in Letter C status before the Land Deed Making Officer (PPAT) can be realized by making a Sale and Purchase Deed and the issuance of a certificate of land rights on behalf of the buyer. So that based on jurisprudence the buyer's land rights can be protected. These deed of sale and purchase and land certificates are a form of repressive protection.

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