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 Legal Status of the Presuggestion of Infinity In Notary Protection Efforts Related to the Making of Authentic Deeds ]]>
<![CDATA[Syafii, Muhammad Amin]]>;
<![CDATA[Handoko, Widhi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study discusses the application of the legal position of the presumption of innocence in efforts to protect notaries regarding the making of authentic deeds in Pekalongan Regency. The position of a notary as a public official is related to making an authentic deed. The problems in this thesis are 1) constraints and solutions to the application of the presumption of innocence regarding the legal protection of a notary regarding the making of an Authentic deed by a notary 2) efforts to protect the notary regarding the deed he has made. The purpose of this study is to identify and analyze the obstacles and solutions to the application of the presumption of innocence regarding the legal protection of a notary regarding the making of an authentic deed by a notary. The method used in this research is a sociological juridical approach. The specification of this research uses descriptive analysis. The types and sources of data used in this study are primary data, namely from interviews, while secondary data is obtained through library research. The data collected in this study was divided into 2 (two), namely primary data collection which was carried out by interviews and secondary data collection which was carried out by collecting data contained in laws and regulations, articles, books and others. The data analysis method used in analyzing the data is qualitative analysis. Authentic deed essentially contains formal truth according to which the Notary is responsible for what is witnessed, namely what is seen, heard and also carried out by the Notary as a public official in carrying out his position. Notary legal protection is carried out by UUJN, Notary Association.Keywords: Authentic; Innocence; Presumption; Protection.]]>
<![CDATA[The Implementation of the Transition of Manual Land Registration Services to Electronic ]]>
<![CDATA[Guntara, Ricky]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze: 1) Implementation of the transition from manual to electronic land registration services in Cirebon Regency. 2) Constraints and solutions in implementing the transition from manual to electronic land registration services in Cirebon Regency. The approach method used in this research is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary data and secondary data with library research and interview collection methods. The data analysis method used in this research is qualitative analysis. The results of the study concluded: 1). The implementation of the transition from manual to electronic land registration services in Cirebon Regency can provide many benefits for the community including minimizing fraud, minimizing land brokers/mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing the intervention of unauthorized parties. The implementation of land services electronically can be done through the Touch Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally used as evidence and can provide legal certainty because they are guaranteed by laws and regulations. 2). Obstacles in the implementation of the transition from manual to electronic land registration services in Cirebon Regency are the lack of public understanding of electronic certificates, lack of completeness of files, unprepared human resources for implementation, uneven internet network, and uneven land mapping.Keywords: Certificate; Electronic; Land; Registration.]]>
<![CDATA[The Role of Land Deed Making Officials (PPAT) in the Application of Land and Building Rights Acquisition Fees (BPHTB) in Relation to Land Sale and Purchase Deeds ]]>
<![CDATA[Febrian, Rayhadi Candra]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The implementation of tax revenue from BPHTB is submitted to the Notary's office, in its position as PPAT it also plays a role in increasing tax revenue from BPHTB related to the deed. Formulation of the problem, what is the role of the PPAT in collecting Land Title Acquisition Fees (BPHTB) related to the deed he made and what obstacles occurred in collecting Land Rights Acquisition Fees (BPHTB) as well as examples of Land Sale and Purchase Deeds. This research used the empirical juridical research methods, to analyze qualitatively, specifications for writing descriptive analysis, sources and types of data using primary and secondary data, data collection techniques by collecting primary and secondary data, qualitative descriptive data analysis techniques, after the data is collected it is poured in the form of logical descriptions and systematically then analyzed, conclusions drawn deductively. The results of research on the role of the PPAT in the application of Land Acquisition Fees (BPHTB) relating to the deed of sale and purchase of land it makes, it is hoped that PPAT will play an active role in requiring BPHTB payments in transferring land and building rights related to the deed it made. Obstacles that arise in the collection of Land Rights Acquisition Fees (BPHTB) as PPAT are related to the deed he made: a) lack of information and socialization regarding BPHTB regulations that are constantly evolving; b) NJOP data for the last year has not been issued if the sale and purchase is made at the beginning of the year; c) Sale and purchase underhanded or distribution of inheritance that has not been subject to BPHTB for land that has not been certified cannot be subject to legal sanctions.Keywords: Acquisition; Land; Officer.]]>
<![CDATA[The Process of Investigation and Investigation of a Notary Who Is Allegedly Committing a Criminal Act of Forgery ]]>
<![CDATA[Soleman, Firman Satryobudi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The Indonesian state is a state based on law, therefore all aspects of the implementation and administration of the state are regulated in a system of applicable laws and regulations. In this sense, the state is implemented based on a constitution or the Constitution of the State and other legal regulations. The existence of protection for the position of a notary as an official (general) seems to be a simalakama fruit in the police investigation process in terms of criminal responsibility, the position of a notary who is full of great responsibility must be protected. On the other hand, when indications of a criminal offense have been committed by a notary, absolute law enforcement becomes a must. The obligation to maintain confidentiality is an obstacle when in this case there is an allegation of a criminal offense committed by a Notary, because it is not easy because investigators/Investigators are starting the initial stages of Investigation and Investigation related to the summons of a Notary for Examination and confiscation of minuta deed because it must be through a series of processes as stated in article 66 UUJN.Keywords: Allegedly; Forgery; Investigation.]]>
<![CDATA[The Law Enforcement of the Notary Honorary Council against Violations of the Notary Code of Ethics in Cirebon Regency ]]>
<![CDATA[Susiyanti, Susiyanti]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The aim of this research isTo study and analyze constraints and Solutions in Law Enforcement of the Notary Honorary Council Against Violations of the Notary Code of Ethics in Cirebon Regency. This study uses Sociological Juridical approach method. Based on the research concluded thatThe obstacles faced by the Honorary Council in enforcing the Notary Code of Ethics in Cirebon Regency, the increasing number of Notaries, the Honorary Council only numbering 3 (three) members and is collective in nature so that if someone is unable due to busyness or other constraints, the Honorary Council not carry out their duties optimally, and there are some unscrupulous notaries who want to be examined who have been notified but are not in the office without any reason, with a large working area. The solution carried out by the Honorary Council to prevent and reduce the occurrence of violations of the code of ethics is to provide guidance, supervision, guidance and counseling. Evaluate and improve every violation of the code of ethics committed by a Notary so that the factors that support the occurrence of violations can be minimized and eliminated. And they must have a way to plan strategic steps to be carried out by the Honorary Council to suit the objectives to be achieved.Keywords: Enforcement; Ethics; Notaries.]]>
<![CDATA[The Juridical Implications of the Transfer of Inheritance without the Consent of All Heirs ]]>
<![CDATA[Prasasti, Windra Anggi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze: 1). The juridical implications of the transfer of inheritance without the approval of all heirs 2). Legal protection for heirs against the transfer of inheritance without the consent of all heirs. The approach method in this research is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. Collecting data by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The juridical implication of the transfer of inheritance without the approval of all heirs is an act against the law as stipulated in Article 1365 of the Civil Code, so that the sale-purchase agreement is of course detrimental to the legal heirs which results in the reduction of the object of inheritance. Legal certainty regarding the sale and purchase of inherited land without the consent of the heirs is guaranteed by the Legislation in Article 1471 of the Civil Code, which states that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interests. 2) Legal protection for heirs against the transfer of inheritance without the approval of all heirs Legal protection for heirs against the transfer of inheritance without the consent of all heirs if a certificate has been issued on behalf of another party is given repressive protection, namely filing a lawsuit to the Court. In the criminal law code relating to the sale of inheritance, especially inherited land sold by heirs, it does not involve the approval of other heirs, which can be entangled with criminal sanctions. This is as explained in Article 372 of the Criminal Code regarding embezzlement and also Article 385 of the Criminal Code relating to land grabbing. In addition to criminal penalties, the injured heirs can sue in a civil manner with a lawsuit against the law.Keywords: Assets; Implications; Inheritance; Transfer.]]>
<![CDATA[The Juridical Analysis of Land Ownership Rights Purchased Prior to Making a Marriage Agreement (Postnuptial Agreement) ]]>
<![CDATA[Asmara, Diah Kumala]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims toknow and analyzeregarding the juridical analysis of land ownership rights purchased prior to the conclusion of a postnuptial agreement on a marriage, as well asknow and analyze aboutthe role and authority of a Notary in making a marriage agreement deed for land ownership purchased before the marriage.The approach method in this research is normative law (doctrinal). Normative legal research that is more specific discusses legislation or is also called normative juridical. Based on the results of the study concluded: 1)Marriage agreements made while in a marriage bond can be carried out after the decision of the Constitutional Court Number69/PUU-XII/2015, while regarding land purchased before the marriage agreement is made it will remain joint property as stipulated in Article 35 paragraph (1) of the Marriage Law, because marriage agreements made while in a marriage bond only bind to the assets that will be obtained later after the marriage agreement was made. The same goes for theorylegal certainty in the opinion of Gustav Radbruch, in principle has been well fulfilled considering that the marriage agreement is made as a legal means to protect the rights and obligations of the husband and wife when the marriage life takes place, which is made in accordance with the agreement of the parties to be ratified by the employee of the Marriage Registrar or Notary; 2)The role and authority of the Notary in the marriage agreement is based on the addition and change of phrases made by the Constitutional Court to the formulation of Article 29 paragraph (1) of Act No. 1 of 1974 concerning Marriage, which is connected with the phrase ".....after which the contents also apply to third parties as long as a third party is involved" is still maintained by the Constitutional Court, it is found that the Constitutional Court gives new authority to Notaries to ratify marriage agreements with third party binding purposes. In this case it can be said that the role of the Notary is to ratify the existing marriage agreement and not to make marriage agreements. This is due to the change in the phrase "enter into a written agreement" to "submit a written agreement".Keywords: Debt; Outstanding; Tax.]]>
<![CDATA[The Responsibilities of the Substitute PPAT for Cancellation of Sales and Purchase Deeds Ignoring the Principle of Accuracy ]]>
<![CDATA[Fairuzzarah, Nisrina]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 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 juridical implications of canceling a sale and purchase deed made by a Substitute PPAT, to find out and analyze the responsibilities of a Substitute PPAT for canceling a sale and purchase deed that ignores the principle of accuracy, and to find out and analyze examples of deeds that can be declared null and void. law. The approach method used in this research is normative juridical with the research specification used is descriptive analysis. This study used a data collection method, namely library research. This study uses qualitative analysis techniques. Based on the research, it was concluded that the juridical implications of canceling the sale and purchase deed made by the Substitute PPAT, then the deed he made can have the power of the deed under the hand or null and void. This relates to the cancellation of the unregistered Sale and Purchase Deed which has implications for being legally flawed. So that the Deed of Sale and Purchase is null and void by law. Substitute PPATs who commit negligence by ignoring the principle of accuracy are subject to administrative sanctions in the form of temporary dismissal to permanent dismissal. The responsibility of the Substitute PPAT for the cancellation of the sale and purchase deed that ignores the principle of accuracy, the cancellation of the sale and purchase deed that occurs due to the negligence of the Substitute PPAT. The cancellation of the sale and purchase deed must be in accordance with the applicable procedures. However, what happened was that the cancellation of the sale and purchase deed caused problems which were not registered at the Land Office.Keywords: Accuracy; Responsibility; Substitute.]]>
<![CDATA[The Juridical Implications of the Status of Children Out of Wedlock after the Stipulation of the Constitutional Court Decision Number: 46/PUUVIII/2010 ]]>
<![CDATA[Paburru, Faely]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to: 1. To find out the juridical implications of the position of illegitimate children after the stipulation of the Constitutional Court decision No: 46/PUUVIII/2010. 2. To find out the distribution of inheritance rights for children out of wedlock if there is a blood relationship with children out of wedlock. 3. Deed of inheritance rights issued by a notary. The approach in this research is the 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 results of this study: 1. Juridical implications of the status of children outside of marriage after the stipulation of the Constitutional Court Decision Number: 46/PUUVIII/2010. The implications that arise from the presence of the Constitutional Court Decision Number 46/PUU-VIII/2010, children out of wedlock in Islamic law still only have the right to have family relations with their mother and family from their mother's side. As stated in Article 100 of the Compilation of Islamic Law (KHI) which reads: "Children born out of wedlock only have a family relationship with their mother and their mother's family". Therefore, if the adulteress is the father, then the male and female children of adultery do not have the right to inherit. However, if the deceased is the mother, then he has the right to be the heir. 2. Distribution of inheritance rights for children out of wedlock if there is blood relationship with children out of wedlock. Distribution of inheritance for children out of wedlock if it can be proven that there is a blood relationship between the child out of wedlock and his biological father, then the child out of wedlock can inherit together with the heirs of Group I. If the parents of the child out of wedlock pass away leaving legitimate offspring and/or the husband/wife who lives the longest, then the out of wedlock child he admits inherits one-third of what they were originally supposed to get if they were legitimate children (article 863 BW part one). 3. Deed of Inheritance Issued by a Notary. The deed of inheritance rights drawn up by a notary in the form of minutes of the power of attorney can be considered as perfect evidence. "Because the deed was made in accordance with the procedure for making an authentic deed according to the Law on Notary Position."Keywords: Children; Court; Marriage.]]>
<![CDATA[The Legal Protection for Notaries against Making of Deeds Based on Document Following by Acceptors ]]>
<![CDATA[Nur Afifah F., Novy Dika]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 3 (2022): July 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Notaries, within their limitations, often cannot anticipate the parties who want to deliberately take actions that are prohibited by the rule of law. The notary is not an investigator of the deeds he makes, but is only limited to making authentic deeds against the wishes of the parties in his position as a public official.. This research aims toknow and analyze about Legal Protection for Notaries against Making Deeds Based on Forgery of Documents by Appearers. (Study of the Decision of the Supreme Court of the Republic of Indonesia Number: 385 K/PID/2006), and to find out and analyze the Legal Position of Deeds made by Notaries Based on Fake Documents by Appearers. The approach method in this study is the normative juridical approach. The specification of this study uses descriptive analysis specifications. The data required includes primary data, which consists of the 1945 Constitution; Act No. 2 of 2014; Criminal Code; The Criminal Procedure Code; Code of Civil law; Notary Code of Ethics, as well as secondary and tertiary data containing books and other supporting documents. Taken by the method of data collection by way of library research (Library Research). Methods of data analysis using qualitative methods. Based on the research concluded Legal protection for Notariesin the Case of the Decision of the Supreme Court of the Republic of Indonesia Number 385 K/Pid/2006 the Judge stated that the Defendant's actions were proven but not a criminal act, so that the Defendant was released from all lawsuits and that in the a quo case, the Defendant as a Notary was not authorized to examine whether or not the Underhand Power of Attorney submitted by the Appellant. The legal status of a deed made by a Notary based on fake documents is null and void.Keywords: Documents; Fake; Notary; Protection; Public.]]>
