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 Comparison of Defaults in Credit Agreements by Customers of Conventional Banks and Islamic Banks ]]>
<![CDATA[Ruselia, Mawar]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The banking industry has a very important role in the rotation of the economy. Banks as economic drivers with government assistance, provide credit facilities for the community and need each other to carry out the circulation of money in Indonesia, in which banks provide credit to the community, as well as the community is assisted financially in the form of credit capital obtained from banks. However, from the symbiosis of mutualism that exists, there are still many problems between banks and their customers related to defaults on credit agreements in both conventional banks and Islamic banks, especially conventional banks and Islamic banks in the city of Kendari, Southeast Sulawesi Province. This research method uses normative legal research, with a comparative legal approach, and the statutory regulatory approach. The results of this study areSettlement of credit agreement default disputes at conventional banks and Islamic banks consists of two ways, both litigation and non-litigation, in which the settlement of litigation disputes on conventional banks is resolved in the District Court while Islamic banks are resolved in the Religious Courts. Likewise, non-litigation dispute resolution at both conventional banks and Islamic banks has the same method with different applications starting from coaching, resheduling, reconditioning, restructuring, to confiscating assets which these two banks have different applications.Keywords : Agreement; Bank; Credit; Comparison.]]>
<![CDATA[The Optimization of Complete Systematic Land Registration (PTSL) ]]>
<![CDATA[Puspita S., Annesya]]>;
<![CDATA[Prayitno, Ahmad Hadi]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The right to own land is a very important right, this is a guarantee of legal certainty regarding land ownership. In order to achieve optimization in land registration, the government created a complete systematic land registration system or PTSL. In fact, the implementation of PTSL has not been optimal, especially in Pati Regency. Based on the results of the research conducted, it can be understood that the implementation of PTSL in Pati Regency has not been able to materialize effectively. There are strict sanctions from the government.Keywords: Complete; Land; Registration; Systematic.]]>
<![CDATA[Settlement of Inherited Land Disputes Due to Transfer of Rights on the Basis of Sale and Purchase ]]>
<![CDATA[Marliah, Yeyen]]>;
<![CDATA[Dwi Istinah, Siti Rodhiyah]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 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) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the consent of the heirs intestasto. 2).             The judge's considerations in determining the decision to settle inherited land disputes as a result of the transfer of rights on the basis of sale and purchase in decision number: 01/Pdt.G/2013/PN.TGL. The approach method used in this research is a normative juridical approach. The specification of the research used is descriptive analytical research. Type of data using secondary data. The data analysis method used in this research is descriptive qualitative analysis. The results of the study concluded: 1) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the approval of intestasto heirs, namely that can be realized through complaints to the National Land Agency (BPN) and by filing lawsuits in court. If it is proven that there is an element of forgery and an element against the law, the judge will cancel the sale and purchase. The cancellation of the deed of sale and purchase is a form of repressive protection given to the heirs of inherited land that is sold without the consent of the heirs intestasto. 2) The judge's considerations in determining the decision to settle an inherited land dispute as a result of the transfer of rights on the basis of sale and purchase in the decision number: 01/Pdt.G/2013/PN.TGL, namely the basis for the judge's consideration has fulfilled justice for the land owner because the intestasto heirs have property rights of the land and the heirs may not be harmed. The deed of sale and purchase of the object of the dispute is proven to have violated a person's subjective rights as well as decency, as stipulated in Article 1365 of the Civil Code, and therefore the Defendants here have committed an unlawful act.Keywords: Buy; Dispute; Inheritance.]]>
<![CDATA[The Legitimacy of the Deed of Power of Attorney Imposing Mortgage Right Signed Before the Date of the Deed Issuance in the Conception of Legal Certainty ]]>
<![CDATA[Akirin, Akirin]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The mechanism for signing a notarial deed is not only limited to the issue that the deed must be signed, but the signing of the deed must also be before a notary as stipulated in Article 16 paragraph (1) UUJN. The purpose of this study is to analyze the provisions for imposing mortgage rights under the current law, the factors behind the signing of the Deed of Power of Attorney for imposing mortgage rights before the date the deed is issued or in other words the deed is signed without being given the date and number of the deed, and legal consequences of signing the Deed of Power of Attorney to incur Mortgage before the date the deed is issued, in other words the deed is signed without being given the date and number of the deed. 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 study is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Mortgage Act; Code of Civil law; 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 results of the study show that the provisions regarding the deed of Power of Attorney Imposing Mortgage made by a Notary are fully regulated by law, so the signing of the Deed of Power of Attorney Imposing Mortgage made by a notary without being given a date and number has legal consequences that the deed made by the notary only has the force of law as a deed under the hand because it is not in accordance with the provisions of Article 16 paragraph (1) of Act No. 2 of 2014 amendment to Act No. 30 of 2004 Concerning the Office of a Notary.Keywords: Attorney; Power; Signature.]]>
<![CDATA[Roles and Responsibilities of a Notary in Drawing up a Deed of Amendment to the Articles of Association of a Limited Liability Company ]]>
<![CDATA[Hariyanti, Agus Fitri]]>;
<![CDATA[Purnawan, Amin]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 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 role of a notary in making a notarial deed regarding for amending the articles of association of a limited liability company. 2) The responsibility of a notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company. The approach method in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Types of data using primary data and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The role of the notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company, namely making an application for amending the articles of association electronically through SABH by completing supporting documents obtained from the General Meeting of Shareholders (GMS). The procedure for amending the articles of association must be carried out in accordance with the provisions in Act No. 40 of 2007 concerning Limited Liability Companies and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 21 of 2021 concerning Requirements and Procedures for Registration of Establishment, Change and Dissolution of Limited Liability Company Legal Entities. 2). The responsibility of a notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company is to be responsible for reporting to the Minister as stated in Article 10 Jo. Article 12 Permenkumham Number 21 of 2021. A Notary who is negligent or intentionally does not report changes to company data to the Minister and or does not submit related documents to appearers for the benefit of the PT, can cause harm to the PT so that the Notary concerned can be deemed to have committed an unlawful act and violated the code Notary ethics.]]>
<![CDATA[The Role of a Notary in the Establishment and Registration of a Limited Liability Company after the New AHU Online and Risk-Based OSS Systems Come into force ]]>
<![CDATA[Danianto, Iswar]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze proles, obstacles that arise and solutions that can be carried out as well as legal responsibilities of Notaries in the establishment and registration of Limited Liability Companies after the implementation of the new system AHU Online and Risk-Based OSS. This study uses an empirical juridical approach. The data used are primary and secondary data which are analyzed using descriptive qualitative methods. Based on the results of the study it was concluded that: 1)The notary still has a role in the establishment and legalization of the capital partnership company due to statutory orders.But for individual companies, nthe notary is not obliged to register it unless the notary is authorized by the client, then the notary becomes civilly responsible for this power of attorney. Notaries also do not have an absolute role in registering business licenses for companies according to Government Regulation Number 5 of 2021. However, notaries are often given the power to work on business licensing registration on Risk-Based OSS, so the notary is also liable civilly for this power of attorney. 2)Obstacles faced by a notary in the process of establishing and registering a limited liability company consist of internal constraints, namelyconstraints on the weak quality of human resources including the notary concerned. Notaries must continue to study, coordinate with various competent parties and attend legal seminars.then kexternal obstacles, namely obstacles that arise from the client, the AHU Online system and OSS as well as from other parties that are the cause. 3) The responsibility of a notary in the event of an error in the establishment and registration of a limited liability company is based on an error. Notaries can be held liable in civil, criminal, as well as based on the UUJN and the Code of Ethics on the deed he made.Meanwhile, the responsibility of a notary as a recipient of power of attorney in carrying out responsibilities which are essentially not his authority is a form of civil liability, not as a notary who is normative by referring to the provisions of Article 1365 of the Civil Code.Keywords: Company; Online; Submissions.]]>
<![CDATA[The Legal Position of Underhand Debt Acknowledgment Certificate Legalized by a Notary ]]>
<![CDATA[Jumades, Achmad]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 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 identify the legal position of private acknowledgment certificates legalized by a notary and how the notary's responsibility for private acknowledgment certificates is legalized in the event of a dispute between the parties. The approach method used in this study is sociological juridical, the specifications of this research use descriptive analysis, data sources are obtained from primary data and secondary data, namely data obtained from literature and legal materials used, namely primary legal materials, secondary legal materials, tertiary legal materials, which is then analyzed by means of interactive model qualitative analysis. Based on the results of data analysis it was concluded that, the legal position of a private acknowledgment of debt legalized by a Notary is the same as an authentic deed, as long as the process of making it fulfills the formal and material requirements and is not denied the truth, this is in accordance with the provisions of Article 1338 paragraph (1) The Civil Code, and the Notary's responsibility for the private acknowledgment of debt which is legalized in the event of a dispute between the parties, the Notary can be asked for information regarding the certainty of the date of the privately owned letter, the authenticity of the signatures of the parties, procedures and mechanisms for legalization, this is in accordance with the provisions of Article 15 paragraph (2) letter (a) of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Office of a Notary,and Article 1874 of the Civil Code.Keywords: Acknowledgment; Debt; Legalization.]]>
<![CDATA[The Settlement of Non-Definite Loans through the Execution of Collateral Rights ]]>
<![CDATA[Pertiwi, Tusi Wirahayu]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The objective of this study is to discover and analyze the Settlement of Bad Credit Through Executing Mortgage Guarantees at PT BPR Gunung Rizki in the city of Semarang, as well as to discover and analyze the obstacles faced in setting up bad loans through executing mortgage guarantees, as well as how to overcome the obstacles encountered in Settlement of bad debts through the execution of collateral rights. The research method used in this thesis is a sociological juridical legal research method, and the research specification employs descriptive analysis. The primary data used in this study is the 1945 Constitution, Act No. 4 of 1996, Mortgage law, Civil Code (KUHPerdata), Criminal Code (KUHP), and secondary data containing books and other supporting documents collecting research data by interview techniques and study of documents or library materials. The data analysis method used in this study is an interactive qualitative model as proposed by Miles and Huberman. The results of the study show that the settlement of bad loans through the execution of mortgage guarantees at the bank has procedures, terms and conditions from the time the debtor submits a credit application until the credit that has been given by the bank is paid off. Settlement of bad debts through the execution of mortgage guarantees is regulated in Act No. 4 of 1996 concerning the Mortgage Act (UUHT).Keywords: Credits; Execution; Guarantees; Mortgage; Right.]]>
<![CDATA[The Covernotes Notary or Settlement of Liability Rights in Banking Credits ]]>
<![CDATA[Harviyana, Marisa]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Covernotes are usually issued by a Notary because the Notary has not completed his work relating to the requirements that have not been met by the parties to issue a deed. The problems in this study are: The legal basis and authority of a notary in issuing a covernote, Liability of a notary's covernote in completing the making of the Mortgage, The legal consequences that arise if the Notary fails to provide a covernote for the completion of the making of the Mortgage if the loan is bad. The purpose of this study is to know and analyze the regulation or legal basis and authority of a Notary in issuing Covernotes, to know and to analyze the responsibilities of a Notary to Covernotes in completing the making of Mortgage Rights. The research method used is normative juridical, research specifications are analytical descriptive. Data sources consist of primary, secondary, tertiary legal materials. Data collection was carried out by means of a literature study. Presentation of data presented in a narrative. Juridical-qualitative data analysis. Based on the results of the conclusion that Covernote is not regulated in legislation or positive law in Indonesia. Publishing and drawing up covernotes by a notary has no legal basis. The notary's responsibility for the covernote made in granting credit by the bank is limited only to the covernote made by the notary which has expired. Legal consequences for the Notary if he fails to carry out the covernote, the Notary can be held accountable for completing it immediately. Suggestions from the conclusion that it is necessary to have arrangements in making covernotes, such as regulating the formation procedures, conditions that must be met until publication into the Notary Office Act. Notaries are more careful in carrying out their duties, especially in issuing covernotes.Keywords: Banking; Covernote; Mortgage; Notary.]]>
<![CDATA[The Role of the National Land Agency in the Complete Systematic Land Registration (PTSL) Program ]]>
<![CDATA[Halimah, Siti]]>;
<![CDATA[Widayati, Widayati]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 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 role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) 2) Complete Systematic Land Registration Process (PTSL). The approach method used in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1) The role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) is to disseminate to the public about PTSL as well as being the implementing party for PTSL which includes PTSL planning activities, determining locations, preparing facilities and infrastructure , collecting physical and juridical data, conducting research on juridical data to prove rights, making announcements of physical and juridical data and validation, namely the issuance of land certificates. The role of the Pangandaran Regency Land Office is an authority that is obtained by attribution, namely from Legislation. 2) The Complete Systematic Land Registration (PTSL) process starts from the planning, location determination, preparation, formation and determination of the PTSL adjudication committee and task force, counseling, physical and juridical data collection, juridical data research, physical and juridical data announcement data as well as validation, bookkeeping of rights until, issuance and delivery of certificates are carried out based on statutory regulations. Keywords: Agencies; Land; Roles.]]>
