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INDONESIA
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 11 Documents
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Search results for , issue "Vol 2, No 1 (2023): January 2023" : 11 Documents clear
The Role of a Notary for Construction Service Providers on Failed to Build Disputes Sanny, Dewa Afrizal
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The 1999 Construction Services Law and the 2017 Construction Services Law realize that the implementation of construction services is a complex matter and involves many interests, so in the event of a building failure a party is needed who is able to provide an objective and professional view regarding responsibility for the failure. This thesis research was carried out using sociological juridical because it was carried out by collecting various data. The efforts to resolve the construction failure dispute in Madiun City have not been carried out based on the rules Act No. 2 of 2017 related to Construction Services, Legal protection for construction service providers in construction failure disputes caused by third parties in Madiun City still has weaknesses, namely the limited protection of the position of construction service providers from criminal threats due to the absence of criminal sanctions, as well as weaknesses in the form of most of the agreements for the use of building construction services that were made were not agreements made by deed before a notary. Keywords: Dispute; Legal; Protection.
The Juridical Analysis Related to the Compensation System in Land Procurement for the Construction of PLTU Batang Lukmana, Hendra Adi
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land has an important function in supporting human activities and needs, this makes land have high economic value, including in terms of land acquisition for public purposes. The implementation of compensation in the procurement of land for the Batang PLTU construction still ignores the value of economic losses and the value of land prices that are developing in the community. This article uses a normative juridical method. based on the studies conducted, it can be seen that legally the implementation of compensation for land acquisition for the construction of PLTU in Batang has not been carried out according to the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia, especially Article 33, this is because land compensation in the PLTU project does not see the value of land prices that apply sociologically in society. Keywords: Analysis; Compensation; Procurement.
The Legal Analysis Related to Compensation in Land Procurement for the Construction of the Semarang-Demak Toll Road Kencana, Dyah Ayu Manggar; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The land has a vital function in this country, this is because in one dimension land has the function of fulfilling the needs of human life personally and in another dimension land also has a social function to meet the needs of national development. The social dimension of land creates a system of compensation for every individual in society whose land is affected by land acquisition for development in the public interest. The implementation of compensation within the framework of land acquisition for development for the public interest has in fact not met the expectations of the community, especially in the Semarang-Demak toll road construction project. This article examines the issue of compensation in the procurement of land for the construction of the Semarang-Demak toll road, which is still far from the expectations of the community. The method used in this paper is normative juridical. Keywords: Acquisition; Compensation; Land.
The Legal Protection for Parties in Electronic Purchase Agreements with Cash on Delivery System Ramadhan, Syaiful Nur Aditya; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
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 legal position of electronic sales agreements with the cash on delivery system, as well as legal protection for the parties in electronic sales agreements with the cash on delivery system. This study uses a normative juridical approach that is analytical descriptive. The data used is secondary data, which is then analyzed qualitatively. Based on the research, it was concluded that: (1) the legal position of the electronic sale-purchase agreement with the cash on delivery system is valid as an agreement that fulfills the legal requirements according to the provisions of Article 1320 of the Civil Code and Article 46 of Government Regulation Number 71 of 2019, so that an agreement that creates a legal relationship that results in the emergence of rights and obligations for the parties; (2) legal protection for the parties to electronic buying and selling agreements with a cash on delivery system, both for sellers (merchants), buyers and expediting services (courier) in a preventive manner by forcing the implementation of obligations as stipulated in the Civil Code, Act No. 8 of 1999, Act No. 11 of 2008 jo. Act No. 19 of 2016, Government Regulation Number 71 of 2019, Government Regulation Number 80 of 2019, as well as in the Criminal Code, while in a repressive manner it is carried out by filing a claim from the aggrieved party through litigation or non-litigation. Keywords: Buy; Protection; Sell.
The Implementation of Leasing Bengkok Land and Its Legal Consequences Rizal, Fiki Apriliawan
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research was motivated by the renting of crooked land in Pecangaan District, Jepara Regency which was carried out by the Village Head and Village Apparatus with an open auction with the community. The empirical juridical approach is used in this study, used to analyze various laws and regulations in the agrarian sector. The result of this research is that the village head takes legal action, namely the implementation of the village land lease is correct with an open auction procedure to the community. The implementation of the rent of the crooked land is correct, in accordance with laws and regulations, and produces benefits for the village and the community. The lease agreement made before a notary is then set forth in the form of a deed. In principle, every legal act must adhere to the principle of Nemo plus juris. Dispute resolution if the parties are by default can be resolved by deliberation, and if the deliberation is not reached, it is resolved through a general court. Keywords: Dispute; Land; Resolution.
The Legal Position of Land Ownership Certificates Issued Not In Accordance with Administrative Procedures Abas, Devi Nurfadillah; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this research is to find out: 1). To find out and analyze the legal position of land ownership certificates that were issued not in accordance with administrative procedures at the Office of the National Land Agency in Bau-Bau City. 2). To find out and analyze the responsibilities of the Head of the Land Office of Bau-Bau City for the issuance of land ownership certificates that are not in accordance with the procedure. The approach method used in discussing the problem of this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Types of data using primary and secondary data obtained through interviews and literature. The data analysis method used is qualitative. The results of the study concluded: 1). The legal position of the certificate of ownership rights to land that is issued is not in accordance with administrative procedures, namely the certificate of ownership rights can be canceled, either through the administrative settlement route by the National Land Agency or through the dispute resolution pathway by the court and of course must go through the existing procedures and also the applicant must be able to prove that the object is indeed his property. The position of the certificate plays a very important role in land disputes, because the certificate is a strong documentary evidence in various matters, especially for land disputes. The legal force of land title certificates is a guarantee of legal certainty for the certificate holder. Because this is a strong proof of ownership, meaning as long as it is not proven otherwise by other parties who feel entitled and have evidence to prove it, in this case the certificate has material legal certainty (negative publication with positive elements) which is adhered to in national land law. , but on the other hand the certificate also has formal legal certainty (positive publication), namely the legal certainty of a certificate containing written provisions contained in laws or other regulations is absolute, meaning it cannot be contested. 2). The response from the head of the Bau-Bau City Land Office is in accordance with PMNA/Head of BPN provisions No. 21 of 2020 concerning the handling and settlement of land cases by a decision of the Head of the National Land Agency or by delegating it to the Regional Office or a designated official. According to Article 29 paragraph (1) letter b states that "BPN RI is obliged to implement a court decision that has obtained permanent legal force, unless there is a valid reason not to carry it out". So BPN is obliged to implement the court's decision regarding the cancellation of the certificate or revoke the certificate. Keywords: Administration; Certificate; Procedure .
The Transfer of Subsidized Home Ownership Through Oper Credit Without Creditor's Knowledge in the Concept of Legal Certainty Mulyadi, Hadi
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
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 transfer of subsidized housing ownership through credit transfer without the knowledge of the creditor in the concept of legal certainty and to know and analyze what are the causes and solutions to the transfer of subsidized housing through credit transfer. 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; 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 sale of a KPR house by the debtor cannot eliminate the debtor's obligation to pay off his debt to the Bank. Switching home loans without the knowledge of the bank as the creditor before the credit is paid off is an act that the debtor may not do, this is because the contents of the credit agreement bind the first party (Bank ) with the second party/credit recipient, namely the first debtor. If someone makes a house loan intentionally and without notifying the Bank as the creditor to sell or transfer it to another party, the action is classified as a "default". In addition, all credit operations carried out by the debtor without involving the Bank as the creditor do not bind third parties, namely new debtors. Keywords: Certainty; Credit; Transition; Transfer.
The Juridical Implications of Changing the Function of Paddy Field Land to Residential Land Larasati, Ayumi; Widayati, Widayati
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Indonesia is an agricultural country where agriculture is the main commodity as a producer of national food. Most Indonesian people still depend on the agricultural sector. Land is the main factor in the world of agriculture. As an agricultural country, Indonesia absorbs the largest number of workers in the agricultural sector compared to other economic sectors. The challenge in the agricultural sector is that there is less and less agricultural land because it has been eroded by human economic activities, especially changing its function to become a settlement. The conversion of paddy fields in Songgom District, Brebes Regency has experienced a significant increase. The purpose of this study aims to determine and analyze the process of converting land functions into residential land and the juridical implications of changing the function of paddy fields into residential land. The approach method in this study is a sociological juridical approach with research specifications used descriptive analysis. Where the author uses primary data sources obtained through interviews and secondary data obtained from the literature and then analyzed descriptively qualitatively. Based on the research, it was concluded that the process of transferring land use went through several stages starting from checking the spatial data zone whether it entered the yellow zone, which means it is normally converted, or the green zone, which means it cannot be converted because it is in an LSD area. If the yellow zone is included in the LSD zone area, it must be excreted from the LSD to the Regent, then make an application through the DPSDAPR office, after PERTEK exits, proceed with submitting an application for approval to the DPMPTSP/MPP office, then it will be returned to BPN to record changes in land use. Furthermore, it can only be sold/ready to be converted. The legal consequences of the conversion of agricultural land into a residential area for the perpetrators of land conversion that deviate from the rules, are regulated in Article 72 of Law Number 41 of 2009 concerning Sustainable Food Land: a. Individuals who change the function of sustainable food agricultural land as referred to in Article 44 paragraph (1) shall be subject to imprisonment for a maximum of 5 (five) years and a fine of up to IDR 1,000,000,000.00 (one billion rupiah), b. Individuals who do not carry out the obligation to restore the condition of sustainable food agricultural land to its original state as referred to in Article 50 paragraph (2) and Article 51 shall be punished with imprisonment for a maximum of 3 (three) years and a fine of up to IDR 3,000,000,000.00 (three billion rupiahs), c. In the event that the acts referred to in paragraphs (1) and (2) are committed by a government official, the penalty shall be added to 1/3 (one-third) of the penalty imposed.Keywords:  Field; Housing; Juridical; Land.
The Efforts to Completion of Contract Restructuring Due to Covid-19 Ismi, Nur; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
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 form of settlement by the BankonFinancing Facility Due to COVID-19; To find out and analyze the Recruitment Contract Settlement Technique for the Impact of Covid-19; as well as to find out and analyze the Obstacles and Solutions to Settlement of Restructuring Contracts Impact of COVID-19.The type of research used is empirical normative research. The research uses qualitative analysis, which is a method of research that produces descriptive analytical data, which are stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Primary data is data obtained from practices that occur and secondary data is carried out by means of tertiary legal material literature research. Collecting data in this study by means of observation and interviews. Based on the research it was concluded that ppotential customers unable to pay onBankdue to impactthe spread of COVID-19, but this impact has been anticipated by the Regulation of the Financial Services Authority of the Republic of Indonesia Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019 (COVID-19), where POJK provides an opportunity to restructure financing by taking into account the criteria that the specified customers are customers affected by the spread of COVID-19 and paying attention to the sectors affected by the spread of COVID-19.Completion of Impact Restructuring AgreementCOVID-19as follows: Rescheduling; Reconditioning; and Restructuring. Basically, there are 2 constraints that occur in the settlement of troubled financing at the Bank, namely First, Delays in customers completing administrative requirements for online verification. Second, the obstacle in verifying document requirements is when a customer is dishonest in reporting economic conditions after being affected by a virus outbreakCOVID-19. Keywords: Bank; Contract; Restructuring.
The Roles and Responsibilities of Land Deed Officials in the Registration of Transfer of Land Rights as a Result of Sale and Purchase Ahmad Zahrial, Fadhil; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

. This study aims to identify and explain the roles and responsibilities of the PPAT in registering the transfer of land rights as a result of buying and selling in Blora Regency, and to identify and explain the obstacles encountered in carrying out the registration of transfer of land rights as a result of buying and selling in Blora Regency. as well as the solution. The method used is a juridical-sociological approach, with descriptive analytical research specifications. The types of research data include primary legal materials, secondary legal materials, and tertiary legal materials. The analytical method used in this study is a qualitative analysis method. Based on the results of the study it was concluded that the responsibilities of the Land Deed Making Officer (PPAT), namely in making and issuing Deeds of Transfer of Land Rights, must comply with the provisions of the applicable regulations. Obstacles in registering the transfer of land rights include incomplete paperwork, disputes with neighbours, lands for sale and purchase that have not been registered, the community is reluctant to certify the transfer of rights over their land. The solution to overcome the obstacles that occur during the implementation of the transfer of land rights in Blora Regency. Explains that, checks and examines the files, records them in the filling form, gives a receipt for the application files, and gives the applicant to complete the files through a notification letter. At the time of measurement there is a difference in the size of the land object in the certificate, it is better to report back to the BPN for re-checking. The land office organizes a mass certification program, especially for the less fortunate, so that the need for certificates can be met in a fair manner. Keywords: Land; Rights; Transfer.

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