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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 37 Documents
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Search results for , issue "Vol 1, No 3 (2022): July 2022" : 37 Documents clear
The position receipt As a Proof of Land Sale and Purchase in the Conception of Legal Certainty Ariza, Billy
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to examine and analyze the position receipt As evidence of buying and selling land in the conception of legal certainty. To analyze legal consequencesreceiptsale and purchase of land in the concept of legal certainty. The research approach method used in this thesis is an empirical juridical legal research method and the nature of this research is analytical descriptive.Data collection was carried out through a literature studyin order to obtain secondary data, whether in the form of primary legal materials, secondary legal materials, or tertiary legal materials.To support the research that has been done, field research was also carried outin order to obtain primary data that supports secondary data. The technical analysis used in this study is a qualitative analysis technique. The research results show thatthe fulfillment of the elements of sale and purchase (agreement) as contained in Article 1320 of the Civil Code in conjunction with Article 1457 of the Civil Code.Even though buying and selling underhand is legal based on the principle of freedom of contract and the existence of an agreement between the parties, it cannot be said to be valid in managing the registration process for the transfer of names because there are several administrative requirements that have not been met, namely formal requirements and to obtain the transfer of land rights and transfer of names. must have a deed drawn up by PPAT because the transfer of land rights through buying and selling land must be proven by a deed drawn up by PPAT. Because of lawinside receiptsale and purchase of land rights carried out privately, if a dispute arises between the seller and the buyer, the private deed can still be refuted and only has perfect evidentiary strength if it is acknowledged by both parties, or strengthened by other evidence. Therefore, it is said that the deed under the hand is the beginning of written evidenceandIf you want to transfer the name, the parties, both the seller and the buyer, must make a sale and purchase deed drawn up by the PPAT as the basis for transferring the name at the BPN office.Keywords: Evidence; Purchase; Sale. 
The Juridical Implications for Refusal of Transfer of Land Rights based on The Deed of Purchase Agreement by The National Land Agency Sundari, Tiar Novi
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The sale and purchase of land rights and their registration have been determined in the UUPA and the laws and regulations under it, the existing regulations stipulate that the transfer of land rights through the sale and purchase must be with the PPAT Deed. The Sale and Purchase Deed must be immediately registered with the Land Office related to legal certainty for the new owner as the holder of the land rights. This study uses an empirical juridical research approach, used to provide a qualitative description of the juridical implications of the rejection of the transfer of land rights. The results of this study are 1) The authority regarding refusing the transfer of land rights through a sale and purchase agreement as described above is the administrative authority at BPN as regulated in Government Regulation Number 24 of 1997 concerning Land Registration. 2) The juridical implications of the rejection of the transfer of land rights through a sale and purchase agreement by the National Land Agency, namely Article 45 paragraph (2) states that if there is a refusal by the Head of the Land Office, this will be submitted in writing, including the reasons for the refusal.Keywords: Buying; Refusal; Transfer.
The Regency Government's Efforts in the Complete Systematic Land Registration Program Perdana, Valent Dika Wahyu; Rodhiyah, Siti
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The speed of Complete Systematic Land Registration Program (PTSL) prioritizes the smooth running of the process, but without neglecting the precision and thoroughness, prudence and accuracy in handling it. This study aims to: 1) Know and analyze the efforts of the Jepara Regency Government in the Complete Systematic Land Registration program at the Jepara Regency Land Office 2) Know and analyze the obstacles faced by the Jepara Regency Government in carrying out the Complete Systematic Land Registration program at the Jepara Regency Land Office 3) Know and analyze how to overcome these obstacles in the implementation of the Complete Systematic Land Registration program at the Jepara District Land Office. The legal research used is an empirical legal research approach. The specification of the research used is analytical descriptive in nature, namely research that describes legal phenomena, describes in a factual and accurate systematic manner the government's efforts to realize a certified land program for the people in the work area of the Jepara Regency Land Office and provides an assessment of the results of the description without intending to provide conclusions that are general. The results of the research and discussion show that the Jepara Regency Government's efforts in the Complete Systematic Land Registration program at the Jepara Regency Land Office are by carrying out the Complete Certificate Land Registration (PTSL) program in every sub-district in Jepara Regency.Keywords :  Effort; Government; Systematic.
The Juridical Implications of Acts of Default on Cooperation Financing Agreements Associated with Guarantees on Behalf of Third Parties Arif, Cahyadhi
Jurnal Konstatering Vol 1, No 3 (2022): July 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 juridical implications of default on financing cooperation agreements associated with guarantees on behalf of third parties. To find out and analyze efforts to resolve defaults on financing cooperation agreements associated with guarantees on behalf of third parties. The research approach method used in this thesis is a sociological juridical legal research method. The specification of this research uses descriptive analysis. The type of data used in this research is primary data which includes Al-Quran, Hadith, UUD 1945, HIR, Civil Code, UU no. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Office of a Notary Public, as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis, such as description techniques, evaluation techniques and argumentation techniques. The results of the study show that private agreements on financing the construction of housing plots in the Bandung Regency area are very high risk, but can truly bind the parties and have legal certainty if they fulfill the requirements as stipulated in the Civil Code. Regarding the existence of a guarantee on behalf of a third party in an agreement that is not bound by itself, even if there is a power of attorney to sell made by an authorized official on behalf of the owner of the guarantee to the recipient of the capital, it does not have any strength or value whatsoever.Keywords: Agreements; Guarantees; Financing.
The Legal Consequences of Electronic Land Certificate Checking Services for PPAT Salsabil, Haura Hanun
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the processes and constraints in the service of checking land certificates electronically for PPATs in the Semarang Regency Region. The research method used is a normative legal research method with a conceptual approach. The method of data analysis used in this research is through a sociological juridical approach with descriptive research specifications. Data collection techniques used field studies at research locations and literature studies related to research. Based on the research it was concluded that the research results showed that: First, the process of implementing an electronic certificate service system at the Semarang District Land Office refers to a simple principle, very simple because checking certificates electronically is very easy because the PPAT only enters data on land rights certificates electronically on the website intan.atrbpn.go.id. Second, in the implementation of the Electronic Certificate Checking Service there are several obstacles, obstacles, and problems that can cause legal consequences for both the PPAT and the Land Office/BPN.Keywords: Certificate; Electronic; Land.
The Legal Position of Cancellation of Deed of Grant Due to Intervention Lawsuit Basmi, Hasriadi
Jurnal Konstatering Vol 1, No 3 (2022): July 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 form of third party intervention in a lawsuit for canceling a grant deed, to find out and analyze the legal standing of the cancellation of a grant deed due to an intervention lawsuit, and to find out and analyze solutions to avoid the emergence of an intervention lawsuit to cancel a grant deed. This research is empirical legal research, and was conducted in Bombana District, Southeast Sulawesi Province. Methods of data collection using interview techniques and field observations. All data, both Primary Data and Secondary Data, were analyzed using qualitative analysis techniques. The results of this study indicate that: (1) The form of third party intervention in a grant deed cancellation lawsuit can be in the form of:Voegings, namely the participation of a third party on its own initiative in examining civil disputes to defend one of the parties, either the plaintiff or the defendant, Tussenkomst, namely the participation of a third party on its own initiative in the examination of civil disputes, but does not side with either party, either the plaintiff or the defendant, but for the sake of defending his own interests, and Vrijwaring or guarantee, namely the participation of a third party in the examination of civil disputes because one of the parties is withdrawn to bear it. (2) The legal status of the cancellation of the deed of grant due to an intervention claim, in simple terms, is related to factors 1) Concerning the Sitting Case; 2) Intervention Lawsuit. In principle, being an intervention plaintiff is a right, so it can be done or not done. But in the case when carrying out a lawsuit, there are parties who should be used as Intervening Defendants but the plaintiffs do not do so in their lawsuit, an Error in Persona will occur. namely Lawsuit of less parties (Plurium Litis Consortium). (3) The solution to Avoid Intervention Lawsuits to Cancel Grant Deeds is to intensify legal counseling by Notaries/PPATs regarding various laws and regulations related to Notary/PPAT products including grants. In addition, the precautionary principle of the Notary/PPAT also needs to be further improved, in order to avoid formal and material defects.Keywords: Grants; Interventions; Legal.
The Implementation of Discretion in Determining the Submission of Time for Land Registration by the Land Office Wigati, Rina Sari
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The existence of regulations regarding land registration and procedures for settling land disputes is a must, but it also becomes another problem when the applicable regulations are deemed not to be in favor of the interests of a person, group or legal entity. In carrying out government tasks and serving the public, policy-making authority is focused on government positions carried out by government officials, discretionary power is closely related to the obligations, duties and functions of modern government under the rule of law to strive for general welfare through public service. This study uses a Juridical Sociological legal research approach which in this case is used to find out what problems arise related to Discretion in Determining the Time for Filing of Land Registration by the Madiun Regency Land Agency Office or the method of collecting data consisting of document studies or library materials as well as interviews . In carrying out its public service mandate. The National Land Agency, in this case the Head of the National Land Office, has the authority to issue discretionary policies regarding time limits for applications for land blocking and to continue the process of applications for registration or registration in accordance with applicable laws and regulations. In the end it is understandable that the national land agency does not have any interest in matters of land disputes but it is imperative to find or provide solutions in terms of problems that arise in the area of the Head of the Madiun Regency Land Agency Office so that there is no confusion of information, unclear status of the applicants, and no There is a legal vacuum in it, discretion which is the policy of state officials is aimed at allowing a public official to carry out a policy that is slightly contrary to the law as long as it is based on the public interest.           Keywords: Discretion; Land; Office; Registration.
The Juridical Analysis of the Application of the rechtsverwerking Institution Kusuma, Nadya Novina
Jurnal Konstatering Vol 1, No 3 (2022): July 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.
The Legal Analysis of the Strength of Proof of Underhanded Deeds Legalized by a Notary Saepullah, Saepullah
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) Deed under the hand in civil evidence law. 2) The legal consequences of applying the Underhand Deed are in accordance with Article 15 paragraph (2) letter a of the UUJN or Article 1874a of the Civil Code. This thesis uses a normative legal research type which is descriptive analytical. Secondary legal materials in the form of books, and tertiary in the form of general dictionaries, legal dictionaries. The results of the study: 1) The private deed in civil evidence law is a weak evidence. The deed under the hand must be signed and sufficient stamp duty if there is no signer then it can be categorized only as an ordinary letter. 2) As a legal consequence of the existence of two different underhanded deeds, namely Article 15 paragraph (2) letter a of the UUJN and Article 1874 of the Civil Code, there has been legal uncertainty. As a result of the private deed applied by a Notary as referred to in Article 15 paragraph (2) letter a of the UUJN, the deed has the power of formal proof of truth guaranteed by the Notary so that the private deed is not included in the category of weak evidence. As a result of a private deed applied by a Notary as referred to in Article 1874a of the Civil Code, the deed has the power of formal and material proof of truth.Keywords: Deed; Proof; Underhand.
The Roles and Responsibilities of Notaries in Online Single Submission (OSS) Based Online Permits for Limited Liability Companies Pamsukmayanti, Siska
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A limited liability company business entity in carrying out its business activities requires a business license. In Indonesia, since 2018 business licensing has implemented online business licensing, namely the Online Single Submission System (OSS), which is a web-based application and is a business licensing issuing agency. contained in the AHU Online System is an important requirement. Where, the filling/registration in the AHU Online System is carried out by a Notary. This connection is the background of this research. The purpose of this research is to find out the roles and responsibilities of a notary in OSS business licensing for limited liability companies (PT) and to find out the obstacles and solutions in OSS business licensing for PT. The type of research used in this research is a juridical-empirical research type with a descriptive analytical nature. The data source used comes from primary data in the form of interview results and secondary data which includes primary legal materials and secondary legal materials. Data collection techniques were carried out using library research and interviews. Data analysis was carried out qualitatively by drawing deductive conclusions.  The results of this study indicate that in business licensing OSS the notary acts as a general official making authentic deeds and an official who plays a role in registering limited company AHU Online data filling. Where, in carrying out its role, there is a risk of making mistakes which result in non-compliance with the rules so that the notarial deed becomes a private deed and the risk of errors in filling in the AHU data which results in failure in withdrawing the AHU data when submitting an application in the OSS system. The notary's responsibility for mistakes in making a deed that does not pay attention to the rules in making it and mistakes in filling in AHU data is a moral responsibility where the notary needs to be morally responsible for his actions by making improvements according to procedures and material responsibility where the notary bears the burden of costs incurred due to errors that occur. The limited liability company's obstacle in making applications to the OSS system is when there is a data discrepancy between the data in the OSS system and the data in AHU resulting in a failure in data retrieval. Apart from that, obstacles can also occur due to errors or incompatibility of dukcapil data or data on DGT Online.Abstract: Company; Online; Notary.

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