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 Role of BPKPD in Determining the Price of Land Buying based on the Online BPHTB System ]]>
<![CDATA[Rismawati, Annisa]]>
<![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 identify and analyze the role of the Regional Revenue and Financial Management Agency (BPKPD) in determining the price of buying and selling land and to find out and analyze the process of determining the price of buying and selling land by the BPKPD based on the Online Land and Building Rights Acquisition Fee (BPHTB) system. in Cirebon City. The approach method used in this research is the sociological juridical legal research method. The specification of this research uses descriptive analysis. The type of data used is primary data, namely data obtained directly through interviews and secondary data which includes books, journals, and applicable laws and regulations. The analytical method used is an inductive descriptive analysis which describes the data logically and then makes a conclusion.Keywords: Buying; BPHTB; Price; Selling.]]>
<![CDATA[The Liability of PPAT Notary against Fraud Crimes in Carrying Out His Position ]]>
<![CDATA[Chaniago, Alkaf]]>
<![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 writing aims to understand and analyze the process of examining a Notary who is suspected of committing a criminal act of fraud and the Notary's responsibility for criminal acts of fraud in carrying out his position. The research method using the problem approach that will be used in this thesis is a normative juridical approach. The results of the study show that the process of examining a Notary who is suspected of committing a crime of fraud is carried out in accordance with statutory regulations, namely Article 66 of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Rights Human Rights Number M.03.HT.03.10 of 2007 which specifically regulates the taking of minutes and summons of a Notary (Permen 03/2007). Notary Bachtiar did not report his case to the Pekalongan City Regional Management Council, so Bachtiar did not receive legal assistance from the MPD. This was confirmed by the investigators that during the examination at the investigative level and at the Attorney General's Office, Notary Bachtiar was not accompanied by the MPD. However, at the time of the trial, he was accompanied by an expert, namely Notary Prof.Dr. Widhi Handoko, SH, M.Kn. The notary is criminally responsible when in the process of proving that the notary is proven to have committed a crime or mistake. The Law on Notary Office and the notary's code of ethics do not regulate the responsibility of a notary criminally against the deed he made if it is proven that he has violated the criminal law.Keywords: Accountability; Fraud; Notary; Public.]]>
<![CDATA[Juridical Analysis of Multiple Issuance of Non-Dispute Statements by the Previous Village Head and Current Village Head against Different Applicants for Applications for Land Rights ]]>
<![CDATA[Panji, Dikia Satrio]]>
<![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 practice of persons who are not responsible for Issuing multiple Statements of No Dispute issued by Village Office Officials which can harm materially and non-materially to land rights holders. This study aims to analyze juridically the issuance of multiple Non-Dispute Statements made by Village Heads who have different terms of office, the mechanism for applying for land ownership rights in the City of Semarang. The research approach method used in this thesis is to use the sociological juridical legal research method. The specifications of this research are using descriptive analysis. The type of data used in this study is primary data which includesThe 1945 Constitution, the Basic Agrarian Act No. 5 of 1960, Government Regulation Number 24 of 1997, as well as secondary data containing books and supporting documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interaction model as proposed by Miles and Huberman. The results of the study show that: First, Issuance of a Statement of No Dispute has a procedure for challenging provisions, requirements that must be carried out from the time the applicant's application is submitted until the issuance of a Statement of No Dispute which gets approval from the Village Head and District Head. Second, legal protection for the aggrieved party from the issuance of multiple non-dispute statements.Keywords: Letter; Dispute; Statement; Village.]]>
<![CDATA[The Legal Review on the Sale of Land Auction Results When A Breach Happened ]]>
<![CDATA[Rahmalia, Riza Septi]]>
<![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[Any collateralized credit in the form of land rights must be collateralized by a mortgage right as outlined in the Mortgage Granting Deed (APHT), for granting a certain amount of credit. APHT is made, then the promise will legally bind both parties so that they can anticipate in the event of a default. Normative juridical approach method. Specifications are analytical descriptive. The type of data is secondary data, divided into legal material originating from law and legal knowledge. The method of collecting data through literature studies and interviews with data analysis methods is qualitative analysis. The legal review of the sale of land auction results when a default occurs (Study on Decision Number: 121/Pdt.G.2017/PN.Unr) according to the creditor, according to the applicable procedure. However, this is different from the opinion of the Debtor who feels that the auction process carried out by the Creditor is detrimental to the Debtor because the auction limit value for land objects is not appropriate because it is far below the market and the auction sales results are not notified by the Creditor to the Debtor.The value of justice in fulfilling the price of the auction sale of land rights in the event of default, is to fulfill the benefits for both the Debtor and the Creditor, the Creditor benefits in returning the money lent to the Debtor. Meanwhile, the debtor who is in default will feel that he is getting justice if the debt burden is paid off and when the collateral is sold through auction, he still gets the remainder.Keywords: Auction; Default; Land; Sale.]]>
<![CDATA[The Juridical Accountability Analysis Notary against the Entry of Criminal Actions Incorrect Information in the Deed of Inheritance ]]>
<![CDATA[Anggara, Dedy Yudistian]]>
<![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 deed of inheritance is included in the party's deed. A notary who makes a party's deed, may not enter incorrect (false) information in the inheritance deed he makes, but the party facing the making of an inheritance deed does not rule out the possibility of providing incorrect (false) information. Case No. 259/Pid.B/2015/PN.Cjris one example of a case where a notary is held criminally responsible for entering incorrect (false) information into an inheritance deed. The question is why in this case only the notary is held accountable. The purpose of this study was to analyze the responsibility of a notary in the crime of entering incorrect information in the deed of inheritance case case study No.259/Pid.B/2015/PN.Cjr and find out the legal consequences of an inheritance deed made by a notary based on incorrect information. This study uses a normative juridical approach with a case approach. The case to be studied is case No. 259/Pid.B/2015/ PN.Cjr. The specifications in this study include analytical descriptive and the type of data used is secondary data, with data collection methods including literature studies and documentation studies which are then analyzed qualitatively. Based on the research results it is known that the responsibility of a notary in the crime of entering incorrect (false) information in the inheritance deed in Case No.259/Pid.B/2015/PN.Cjr is based on Article 263 paragraph (1) of the Criminal Code and on the fulfillmentThe three elements of error in criminal law, namely:a.the ability to be responsibleDefendant, where at the time of making the deed of inheritancefalseThe defendant is in good health; b. hthe Defendant's inner relationship with his actions which were intentional, where the Defendant's intention to make a fake inheritance certificate was as a basis for making a grant deed and giving power of attorney; c.tthere are no things that abolish the punishment for the Defendant, either as justification reasons or excuses. The legal consequences of an inheritance deed made by a notary based on incorrect (fake) information do not necessarily make the inheritance deed null and void. The aggrieved parties must submit a lawsuit to the court to cancel the deed. If based on a court decision it is stated that the inheritance deed is cancelled, then the legal consequences arising from the cancellation of the inheritance deed are:deed of grants and power of attorneymade under the deed of inheritance by itself null and void. Next becausedeed of grants and power of attorneynull and void, then all forms of legal action against the inheritance of the heir, which is based on the grant deed and the granting of power of attorney become invalid and have no legal force.Keywords: Accountability; Fake; Inheritance.]]>
<![CDATA[Juridical Analysis of Efforts of Increasing Regional Genuine Income Through Revenue of Tax Taxes For Land and Building Rights Acquisition (BPHTB) in Regional Revenue, Financial and Asset Management Agency (BPPKAD) ]]>
<![CDATA[Haryanto, Dyan Dwi]]>
<![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[BPHTB is categorized as Regional Tax revenue, which in its entirety is included in the PAD component. After the enactment of Act No. 1 of 2022, In this case, it is hoped that the transfer of BPHTB taxes from central taxes to local taxes can make a major contribution in increasing regional original income and aims to increase the local taxing power of districts/cities. This makes the regional government more autonomous, not only on the expenditure side, but also on the revenue management side. The changes in various national policies as referred to have brought great hope for the regions to develop their regions by exploring the potential of their respective regions as sources of regional income, especially regional original income through the tax collection policy of Land and Building Rights Acquisition Tax (BPHTB). The approach method used in this research is a sociological juridical approach. The sociological juridical approach is a research that identifies and conceptualizes law as a real and functional social institution in a real-life system. This study identified the main meanings in law such as legal subjects, rights and obligations, legal events in laws and regulations. This research is based on the science of normative law (laws and regulations), especially examining the reactions and interactions that occur when the norm system works in society. From the definition of self-assessment, it can be concluded that in the implementation of tax collection BPHTB requires taxpayers to understand and master the tax provisions as stipulated in the applicable tax laws and regulations, so that with the existence of this self-assessment system, it is possible that taxpayers will experience difficulty in paying the tax.Keyword: Effectiveness; Revenue; Tax.]]>
<![CDATA[Effectiveness of Legal Protection for Auction Winners in Land Disputes With Guaranteed Objects of Mortgage ]]>
<![CDATA[Prabowo, Hertanto Adi]]>
<![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 find out and analyze the Effectiveness of Legal Protection for Auction Winners in Land Disputes with Mortgage Guaranteed Objects in Banjarnegara Regency, to find out and analyze how the validity of the process of blocking property rights certificates that have been won through auctions in the concept of legal certainty, to find out and analyze how legal protection is for creditors and auction winners for blocking certificates of ownership rights, to find out and analyze examples of Deeds for Granting Mortgage Rights. The approach method in this study uses a sociological juridical approach. The specification of this study uses a sociological juridical approach. The specification of this research uses descriptive analytical research. The type of data used in this study is data from primary legal materials which include the Civil Code, the Mortgage Act No. 4 of 1996, BAL no. 5 of 1960, Minister of Finance No. 27/PMK.06/2016 Concerning Instructions for Implementation of Tenders, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 13 of 2017, Minister of Agrarian Regulation No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation No. 24 of 1997 concerning Land Registration, Supreme Court Jurisprudence, SEMA No. 589/PAN.2/251/P/09/SK.Perd, as well as data on secondary legal materials from books and supporting documents. The data analysis method that the writer uses is qualitative data analysis. The results of the study show that the validity of the process of blocking SHM that has been won through an auction process is not legally valid and cannot be implemented because the ownership of the certificate of ownership has been transferred to the creditor with a promise to provide collateral in the form of the certificate of ownership to the creditor. Legal protection for auction winners for blocking SHM is contained in the Civil Code, Vendu Reglement, HIR, PMK Number 27/PMK.06/2016, and Supreme Court Judgment Jurisprudence.Keywords: Blocking; Legality; Mortgage; Protection.]]>
<![CDATA[The Effectiveness of Imposing Sanctions on Notaries/PPAT Recipients of Work Given by Pt. Regional Development Bank of West Java and Banten Tbk,. Consequences of Work that Exceeds the Completion Period/Service Level Agreement (SLA) ]]>
<![CDATA[Sugiarti, Stephanie]]>
<![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 work of a Notary/PPAT as a bank partner often experiences obstacles in the process, so that the obstacles that arise result in the work of the Notary/PPAT being completed beyond the completion period/Service Level Agreement (SLA), as stated in the Cooperation Agreement between the Notary/PPAT and bank. This study aims to determine the level of effectiveness of imposing sanctions on Notaries/PPAT Bank partnersas a result of work that has passed its completion period, along with obstacles and solutions to reduce the non-fulfillment of Notary/PPAT Partner obligations to banks. The research approach method used in this thesis isnamely the sociological juridical approach. The specification of the research used is analytical descriptive. The type of data used in this research is primary data which includes the applicable laws and regulations in Indonesia. The results of the study show that: First, 91% of the 33 (thirty three) Notaries/PPAT partners at the Regional Office III of bank BJB are of the opinion that the imposition of sanctions is very effective as a preventive measure for the bank against the large number of Notary/PPAT work that has not been completed and exceeds the SLA. Second, for work that goes beyond the SLA, as much as 9% is hampered by binding credit, both credit agreements and addendums, while as much as 91% of work is hampered by binding collateral, such as Mortgage, Fiduciary, Mortgage, and Pledge. The solution to this problem is to evaluate the performance of the partner Notary/PPAT, regular monitoring, and reconciliation.Keywords: Agreement; Cooperation; Effectiveness; Sanctions. ]]>
<![CDATA[The Legal Liability of a Notary Who Conducts Unfair Competition by Notary Partners ]]>
<![CDATA[Sukri, Sukri]]>
<![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[Unfair competition between Notaries and colleagues, setting honorarium below the standard set by the Association is still common in Notary practice and this can trigger other Notaries to take similar actions in order to get as many clients as possible so that they get out of the corridor of the rule of law stipulated in the Law on Notary Positions and the Notary Code of Ethics. This study aims to determine the responsibility of a notary who commits unfair competition and the juridical implications of the actions of a notary who commits unfair competition. This research was conducted using a Juridical Sociological approach and an Explanatory Research specification. The data sources used are primary, secondary and tertiary data.Primary data collection was carried out using population techniques and sampling techniques. Data collection techniques using field research and library research. The data analysis method uses qualitative and descriptive data analysis. Research results show that: First, A notary who has committed unfair competition by not complying with the amount of honorarium determined by the association is a violation of the Notary's code of ethicsandcan be burdened with responsibility in the form of imposing ethical sanctions as determined and regulated in the regulations of the Indonesian Notary Association. Second, The juridical implications for a Notary who engages in unfair competition and withdraws honorarium below the minimum honorarium set by the Association, then the Notary can file a default lawsuit by the Association in this case by the Indonesian Notary Association by first giving a warning or subpoena to the Notary who has charge an honorarium below the minimum honorarium set by the Association.Keywords: Association; Honorarium; Responsibility.]]>
<![CDATA[Juridical Analysis of the Use of Private Deeds as a Basis for Making Authentic Deeds by Notaries in the Conception of Legal Certainty ]]>
<![CDATA[Tobi, Andri]]>
<![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 and analyze in a juridical way the use of private deed as the basis for making authentic deed by a Notary in the conception of legal certainty. This study uses a sociological juridical approach with descriptive analytical research specifications. The type of data used is primary data, namely the results of interviews and secondary data in the form of legislation, jurisprudence, court decisions that have permanent legal force, books, journals as well as expert opinions and other legal materials. Research data was collected through interviews and literature study. The data analysis method in this study uses qualitative data analysis methods. The research results show that: First, the use of an underhanded deed in making an authentic deed by a Notary is contrary to the elements of an authentic deed which require and determine that an authentic deed must be sufficient and perfect evidence regarding everything described in it which binds the parties and their heirs and those who obtain the rights thereof, as well as in the event that proving an authentic deed is sufficient evidence that does not require additional evidence, this is different from an private deed whose strength of proof depends on whether or not the deed under the hand is acknowledged by the maker, denial of the deed under the hand will place the burden of proof on the party using the deed under the hand. Second, from the aspect of authority,Keywords: Authentic; Construction; Private.]]>
