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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 Implementation of Lease Agreements for Village Treasury/Cash Land by the Government Yuliasari, Euis
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 purpose of this research to study the implementation of the lease agreement on village treasury land carried out by the Pamengkang Village Government and State Junior High School of 2 Mundu Cirebon Regency, as well as to study the management and utilization of village treasury land which was leased to State Junior High School of 2 Mundu Cirebon Regency. This research method uses descriptive analysis. The specifications of the research used are library research, interview techniques and document studies. Source of data used in the form of primary data obtained by interview results. Based on the results of the study, it was concluded: 1) the implementation of the lease agreement on village treasury land by the Pamengkang Village Government and State Junior High School of 2 Mundu Cirebon Regency with the approval of the BPD (Village Consultative Body). Leases are made for a certain period of time, rental period of 1 year. Each year the agreement is renewed with a different price agreement. The Pamengkang village government annually submits a proposal to the school for an increase in the price of land rent, and the school negotiates with the Pamengkang village government to agree on a price to be agreed upon that year as outlined in the agreement. 2) management and utilization of village treasury land that is leased out for the management of the land is carried out for the public interest and the village's original income. The Pamengkang village government only provides the enjoyment/use of the land for a certain period of time, or in other words, the owner only hands over power over the goods by way of leasing, not to own it.Keywords: Agreement; Lease; Treasury; Utilization; Village
The Responsibilities of Housing Developers Due to Default in the Sale and Purchase Agreement of Home Ownership Mudasir, Ahmad
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 implementation of the role of a Notary related to PPJB according to the applicable laws and regulations. to find out and analyze the responsibilities of housing developers due to defaults in the sale and purchase agreement of home ownership to consumers of Tlogomulyo residence Semarang, and to find out and analyze legal protection for consumers for the sale and purchase agreement that has been mutually agreed upon with the Housing Developer Tlgomulyo residence Semarang. Sociological juridical law research methods. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Constitution; Act No. 1 of 2011; Basic Agrarian Law; the Consumer Protection Act, the Civil Code; The Criminal Code, 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 an interactive qualitative analysis model as proposed by Bodgan and Biklen. The research results show that the developer's responsibility is not only limited to what is stated in the agreement, but more than that, the developer must also be responsible for hidden defects/damage to the Tlogomulyo Residence Housing. Mutual protection for consumers for the PPJB which has been mutually agreed upon with the Tlogomulyo Residence Housing Developer, Pedurungan District, Semarang City, namely before PPJB can be carried out through deliberation to reach a consensus.Keywords: Agreement; Developer; Liability.
The Notary Responsibilities for Delay in Registration of the Fiduciary Guarantee Deed Japar, Abdul
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 how Notaries are responsible for late registration of Fiduciary Guarantees carried out by Corporations. The approach method in this study uses a Juridical Sociological approach and is analytically descriptive in nature. The results of the study show that if there is a delay in registering a fiduciary guarantee, for the sake of legal certainty and as an effort to resolve the delay in registering a fiduciary guarantee object, it is by making a new Fiduciary Guarantee Deed by presenting all the parties concerned to the fiduciary agreement or a notary can also provide other solutions such as making the Affirmation Deed on the Fiduciary Guarantee Deed that was previously made. Based on the Affirmation Deed, fiduciary guarantees that were previously registered late can be immediately registered by the Financing Company.Keywords: Fiduciary; Guarantee; Registration.
The Role of the Notary in Making and Registering a Testament Deed Purwaningtyas, Ditha Aprilia
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

Notary as a Public Official who has the authority to make authentic deeds as stated in Article 15 paragraph (1) of Act No. 2 of 2014 concerning the Office of a Notary, one of which is making a will. This study aims to identify and analyze the role of a notary in making and registering a will and testament at BHP Kota Semarang and the responsibilities of a notary who does not register the deed of testament he has made. The research method used is the sociological juridical research method. The research specification uses a descriptive type of analysis using primary data sources and secondary data. Methods of data collection through field studies and literature studies. The analytical knife in answering the problem uses the theory of authority and the theory of legal certainty. The results of the study show that the role of the Notary in making wills according to the Civil Code is in the form of: making Supercriptie Deeds relating to explanations regarding secret wills and signing the deed and keeping them, keeping wills, keeping wills, making deed of appointment of executors of wills, and making deed Appointment of the manager of the inheritor's assets. According to the Compilation of Islamic Law (KHI), the role of a notary in making wills is in the form of making wills and deed of revocation of wills. Then, the Notary also plays a role in registering the will at the Heritage Agency (BHP). Ensure that the will has been registered and registered with BHP. The responsibility of the notary if he fails to register the will is a substantive responsibility.Keywords: Deed;Heritage; Treasure.
The Role of Land Deed Making Officials (PPAT) in Making Deeds of Land Use Rights by Foreign Citizens Ayuningtyas, Septia Nova
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 aims of this study are to analyze: 1) The juridical implications of the ownership of land rights for foreign citizens in the concept of legal certainty. 2) The role of the Land Deed Making Officer (PPAT) in making deed of land use rights by foreign nationals. The approach method used in this research is an empirical juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data with literature and interview collection methods. The data analysis method used in this research is qualitative analysis. Research results: 1) The juridical implications for the ownership of land rights for foreign citizens in the concept of legal certainty are guaranteed by laws and regulations. Legal foreigners have rights to land with the status of ownership rights, as well as guarantees of legal certainty regarding the permissibility of foreigners to own land with the status of usufructuary rights, as explained in Article 42 of the UUPA. The period of ownership of usufructuary rights is regulated in Article 52 of Government Regulation of the Republic of Indonesia Number 18 of 2021 that usufructuary rights over State Land and Land of Management rights with a period granted for a maximum period of 30 years are extended for a maximum period of 20 years, and renewed for maximum term of 30 years. 2) The role of the Land Deed Making Officer (PPAT) in making land use rights deeds by foreign nationals is to make agreements for granting usage rights over ownership rights. Before making the deed, the PPAT must ensure that the parties have fulfilled the requirements in the Laws and Regulations.Keywords: Citizen; Foreign; Rights.
The Implementation of Partial Roya on the Settlement of Deposit Rights Nada, Septidya Nauvalin; Setyawati, Setyawati
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

On the one hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 provides a solution to the practice of partial roya, but on the other hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 is contrary to the provisions of Article 2 paragraph (1) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. The problems in this study can be formulated as follows: 1) How is the partial roya regulated in the Act No. 4 of 1996 concerning Mortgage Rights?, 2) Obstacles and solutions in the implementation of partial roya towards the settlement of Mortgage Rights in the city of Semarang? This research uses an empirical legal research approach based on field research or primary data research. The specification of the research used is analytical descriptive in nature, namely describing legal symptoms, systematically describing factually and accurately and analytically, namely by providing an assessment of the results of the description without intending to provide general conclusions. The results of the research and discussion show that the partial roya arrangement is in Article 2 and Article 22 of the Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Obstacles and Solutions in the implementation of partial royalties for the settlement of Mortgage Rights in Semarang City, namely: 1) Banks are slow in providing a statement of settlement or roya letters, 2) The debtor does not immediately register the Mortgage (roya) registration, 3) Services at the Land Office The slow city of Semarang. Keywords: Mortgage; Partial; Redemption; Roya.
The Juridical Analysis of Default Actions Made by Mudharib in Mudharabah Financing with Mortgage Guarantees Fikry, Muhammad Tsaqif
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

Any financing issued by KSPPS carries the risk of non-return of the disbursed funds or is called non-performing financing which results in default debtors. , and if the financing is jammed due to the default customer not being resolved, it will affect the business continuity of KSPPS BMT An Najah Pekalongan. Therefore, in order to avoid the risk of loss in providing financing facilities, KSPPS BMT An Najah Pekalongan in channeling financing requests the imposition of collateral from its customers, including Mudharabah financing. The approach that the author uses in this study is a Juridical Sociological approach. The Sociological Juridical Approach emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. Sociological Juridical Research is legal research using secondary data as initial data, which is then followed up with primary data in the field or on the community. The results obtained from this study are that the implementation of Mudharabah financing with mortgage guarantees at KSPPS BMT An Najah includes submission of financing applications, financing analysis, financing approval, financing agreements, disbursement of financing, and monitoring. All of these steps are carried out using the 5C principles which include Character (characteristics of prospective financing members, such as honesty, behavior and obedience), Capital, Capacity (ability), Collateral, Condition of economy. Furthermore, for the settlement of default Mudharib at KSPPS BMT An-Najah is the settlement of Mudharabah financing disputes at KSPPS BMT An Najah, including rescheduling (rescuing), reconditioning, restructuring (rearrangement).Keywords: Guarantees; Financing; Mortgage; Mudharabah.
Juridical Implications of Establishment of Individual Limited Liability Company Without Notary Deed Referring the Law Concerning Creation of Employment in the Conception of Legal Security Wijaya, Reno Fahmi
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

Act No. 11 of 2020 concerning Job Creation (Job Creation Law) opens opportunities for Micro and Small Enterprises (UMK) to form their businesses in the format of a limited liability company which can be established by one person, known as an individual company. An individual company with limited liability is a legal entity concept similar to a limited liability company based on Act No. 40 of 2007 but of course there are different enforceability given privileges to individual companies. The application of this legal entity aims to encourage MSEs or Micro Small Enterprises to develop, so that by turning into a legal entity, MSE owners will find it easier to get investment from the Bank and more regular management of the company. This thesis examines in more depth the establishment of the individual company itself and the legal implications of the establishment of the individual company. This study uses a normative juridical approach using analytical descriptive research specifications. The type of data in this legal research is normative by using primary legal materials in the form of various laws and regulations relating to the protection and legal responsibility of instrumentary witnesses. And secondary legal materials in the form of journals, both international journals and national journals, opinions of notaries, papers, research reports, articles and literature and electronic literature related to legal protection. As well as tertiary legal materials in this study in the form of legal dictionaries, Indonesian dictionaries and encyclopedias. The data collection method in this study is in the form of literature and the data analysis method used is in the form of qualitative data analysis. Based on the results of research and discussion, that there is a new legal entity, namely an individual company which is a legal entity specifically for MSEs. In accordance with Article 153A of the Job Creation Law, only 1 (one) person can establish an individual company. The establishment of an individual company does not require a notary deed but is replaced by a statement of establishment by simply filling in the form provided by the minister and then registering it with the minister electronically. Individual Limited Liability Company is contrary to the regulations relating to the pre-existing Limited Liability Company. Regarding the organs of the Individual Limited Liability Company Government Regulation Number 8 of 2021, namely only directors and shareholders. This has resulted in legal uncertainty regarding the organs of the Individual Limited Liability Company contained in Government Regulation Number 8 of 2021 with the company organs contained in the PT Law. And Government Regulation Number 8 of 2021 does not stipulate if an Individual Company is filed for bankruptcy.Keywords: Juridical Implications, Individual Limited Liability Companies, Legal Certainty.
The Juridical Analysis of the Granting of Building Use Rights on the Land of Management Rights Cahyaningsih, Santi
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 granting of Building Utilization Rights on the land of Tegal City Government Management Rights is carried out by making a contract agreement. The legal provisions regarding the implementation of the granting of Building Use Rights on land with Right of Management are appropriate and fair in carrying out the implementation of the transfer of the management rights of the Tegal City Government to prospective HPL holders by providing a certificate of Building Use Rights. This thesis research aims to identify and analyze the Pasar Sore House and Shop Development Agreement (RUKO) which was signed by the Tegal City Government as the holder of Management Rights with PT. Building Use over Management Rights. The research approach method used in this thesis is the legal research methodsociological juridical. Specifications using descriptive analysis. The type of data used in this study is primary data which includes: the 1945 Constitution of the Republic of Indonesia; BAL; Code of Civil law; Regulation of the Minister of Home Affairs; 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, namely qualitative analysis in this study, is to present and explain conclusions and solve problems related to the research titles that have been collected. The results of the research show that: The granting of Building Use Rights can occur on top of Management Rights due to a land use agreement between the two parties. Prospective building use rights holders can be drawn up with a notarial deed or private deed drawn up on the basis of an agreement between the management rights holder and the prospective HGB holder. The Tegal City Government as the main authority holder will not transfer assets to third parties because in essence the Management Right is State land which may not be traded to anyone.Keywords: Agreement; Building; Management.
The Implementation of the Duties of Officials Making Land Deeds in Making Deeds of Sale and Purchase of Land During the Implementation Period of Restricting Community Activities Alaric, Muhammad Eldin Naufan
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

Land Deed Officials/PPAT are officials who are authorized to make authentic deeds that can be trusted. Making a Land Sale and Purchase Deed is a document made by a Land Deed Making Officer (PPAT) which can prove an agreement between each party regarding the sale and purchase of land. During the period of the spread of Covid-19 in Indonesia and government regulations regarding the imposition of restrictions on community activities (PPKM), in this case officials making land deeds and appearers must follow all applicable rules to minimize and break the chain of the spread of Covid-19 in Indonesia. This study uses an empirical juridical approach, analytical descriptive research specifications, namely how to describe the condition of the object under study, the method of data collection is done by interviews and literature studies, as well as qualitative analytical methods as a method of analyzing data. Based on the results of the research and discussion: 1) PPAT has an important role, namely a General Official who helps the parties to achieve their wishes, prepares and registers a transfer of land rights at the Land Office, and has the authority to make AJB as an authentic deed, and implements health protocols in making a sale and purchase deed in accordance with the rules issued by the government; 2) Obstacles in making a land sale and purchase deed, namely if one of the parties is infected with Covid-19, it is mandatory to temporarily postpone the implementation of the signing of the document, the solution in making a land sale and purchase deed during the implementation of restrictions on community activities due to the Covid-19 outbreak, namely by adhering to the health protocols that have been recommended by the government to the public.Keywords: Land; Official; Purchase.

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