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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 11 Documents
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Search results for , issue "Vol 2, No 2 (2023): April 2023" : 11 Documents clear
The Legal Responsibilities of Officials Making Land Deeds against the Crime of Forgery of Sale and Purchase Deeds Kinanthi, Lembah Nurani Anjar; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 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 legal responsibility of land deed drafting officials for the crime of sale and purchase deed forgery. This study uses a normative juridical approach (normative legal research method), uses a Statute Approach and a Case Approach. The type and source of data that researchers use is secondary data, divided into primary legal materials, secondary law as well as tertiary law. The data collection method uses document study or literature study and the data analysis method uses qualitative methods. Based on the research, it was concluded that the legal responsibility of the official making the land deed who committed the criminal act of falsifying the sale and purchase deed in Decision No. 248/Pid.B/2022/Pn.Jkt.Brt., states that if the defendant F, SH.MKn and the defendant IR, SH, with imprisonment for two years and eight months each, a fine of IDR 1,000,000,000 each. The deed of sale and purchase as well as the full power of attorney made by the two PPATs are truly inauthentic or contain defects, so that the position of the deed of sale and purchase as an authentic deed can be canceled and the status of the sale and purchase agreement is degraded to an underhanded agreement. Meanwhile, the responsibility of the official making the land deed as a general official for inauthentic sales and purchase deeds, namely administrative responsibility, civil responsibility and criminal responsibility. Keywords: Accountability; Land; Purchase.
Accountability of Notaries in Issuing Covernotes Related to the Implementation of Credit Agreements at Banks Budianto, Ari; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The form of notary liability for the issuance of notary covernotes used in the process of credit agreements at Bank BPD SULTRA, 2) Legal consequences for the issuance of notary covernotes used in implementing credit agreements at Bank BPD Sultra. The use of research methods is qualitative research through a sociological juridical approach and research specifications in the form of descriptive analysis. The type of data used is primary data derived from interviews and documentation, secondary data through library research, the data analysis method used is descriptive qualitative data analysis. The results of this study conclude that: 1) Notaries must keep their promises based on the cover notes issued, the emergence of problems in the covernote causes the notary to be held accountable by resolving the problem, even though there are no administrative sanctions in accordance with UUJN because covernotes are not regulated in the law, the notary still has a social burden to bear because he is considered negligent in his obligations and the loss of public trust in the notary said, as a form of responsibility the notary will issue an extension cover note to ask for an extension of time in resolving the problem. 2) The legal consequences arising from unresolved covernotes and causing losses to related parties will rely on several points, namely: a notary may be subject to professional responsibility, including the obligation to compensate for losses incurred, A notary may be subject to disciplinary action by the supervisory body or authorized notary institution in the form of a warning, reprimand, or revocation of a notary's license to practice lawsuits which may include demands for compensation, cancellation of transactions, or other legal actions deemed appropriate for the losses suffered.
The Role of Notary in Interbank Credit Take Over Putri, Ristien Gita Eka; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Credit Take Over is the provision of credit facilities by banks/non-banks with the aim of paying off the debtor's debt obligations at a particular bank accompanied by taking over the collateral to serve as collateral for the provision of credit facilities. In practice, loans that are guaranteed by collateral are often carried out by take over. This study aims to determine the regulation of the role of a Notary in interbank credit take over and to know and understand the implementation of the role of a Notary in interbank credit take over. The type of research used is to use empirical juridical methods with the nature of descriptive analysis research. The implementation of this method is to collect data from various literature and legal theory as well as about the role of a Notary in taking over interbank credit. The results of the study show that, according to UUJN No. 2 of 2014 Article 1. Notaries in carrying out their duties and authorities must comply with the regulations in UUJN or Government Regulations regarding Notaries, and must obey and adhere to what is the Notary's code of ethics. The role of a Notary in making authentic deeds, especially those related to authentic Deeds of taking over credit, is an effort to provide legal certainty to the parties. This is where the role of the Notary is in realizing the precautionary principle so that problems do not occur in the future which can harm the parties to the deed, as well as harm the Notary himself. Keywords: Credit; Notary; Take Over.
PPAT Reformulation in Electronically Integrated Registration of Mortgage Rights Pamungkas, Bagus Satria; Djunaedi, Djunaedi
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Mortgage is a guarantee for land that is registered online at the National Land Agency. PPAT reformulation is important so that data is guaranteed to be accurate. PPAT examines documents, draws up deeds, and submits registration to BPN. PPAT is responsible for the validity of documents. Registration of electronic Mortgage is faster, more efficient and safer because it is connected to the database. The research method used is normative law, viewing law as a system of norms. This research includes principles, norms, rules, court decisions, agreements, and doctrine. Normative legal research aims to find rules, principles, and doctrines to answer legal problems. This research is descriptive-analytical in nature, providing an overview and assessment of PPAT reformulation in integrated mortgage registration. The Electronic Mortgage System is the registration and maintenance of land data through an integrated electronic system. Registered user meets the requirements, application is accepted. PPAT and banks are responsible. Mortgage rights involve guarantees for property, business use, building, and usage rights. Electronic registration according to the rules. PPAT constraints: user requirements, certificates at the OJK, debtor certificates, credit syndication arrangements, and creditor registration obligations. PPAT ensures data accuracy. PPAT Constraints in electronic Mortgage registration: Registered user requirements impede access, Requirements for registered letters at the OJK limit the choice of creditors, Requirements for certificates in the name of the debtor are contrary to UUHT. There is no registration mechanism in a credit syndication, Registration obligation is the responsibility creditor, not PPAT. Keywords: Electronic; Mortgage; Reformulation.
Legal Consequences Of A Notary Who Violates Office Ethics In Making An Authentic Deed Prakoso, Sugeng Tangguh Budi
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

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Registration of Land Property Rights Results of Exchange with Village Cash Land through the Complete Systematic Land Registration Program Dwijayanto, Kurniawan Yoganing; Hanim, Lathifah
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Complete Systematic Land Registration (PTSL) is a land registration process for the first time, which is carried out simultaneously and covers all land registration objects that have not been registered in a village or sub-district area or other names equivalent to that. Land is not always located in strategic areas. There are several processes including land swaps.The aim of this research is to find out and analyze the process of registering freehold land as a result of an exchange with village treasury land through the PTSL program until the issuance of a freehold certificate in Cilacap district; To find out and analyze the obstacles and solutions faced by the Petitioner, the Regional Government of Cilacap Regency, and the Cilacap Regency Land Office in the Process of Registering Freehold Land as a result of an Exchange with Village Treasury Land through PTSL until the issuance of a Freehold Certificate in Cilacap Regency.In this study, the type of Juridical Sociological research was used, the research specifications were descriptive in nature. The data sources used by the authors were primary data and secondary data. The results of this study areThe process of exchanging community land for village treasury land in Cilacap Regency complies with applicable regulations, namely in accordance with the Letter of the Cilacap Regent dated 22 December 2004 Number: 143/033/00. While the process of registering freehold land as a result of swaps with village treasury land through the PTSL Program in Cilacap Regency is in accordance with the PTSL technical instructions Number 1/Juknis-100.Hk.02.01/I/2021 and has been completed until the issuance of the Freehold Certificate. The Petitioner and the Regional Government in implementing the Registration of Freehold Land as a result of the Exchange with Village Treasury Land through the PTSL Program until the issuance of the Freehold Certificate in Cilacap Regency did not encounter any obstacles. Meanwhile, the obstacle faced by the Cilacap District Land Office is that the distance between the swap process and the very long land registration, which is 18 years, raises obstacles. Keywords: Exchange; Land; Registration; Village.
The Juridical Implications for the Cancellation of the Deed of Sale of Rights Caused Due to the Criminal Action of Fraud Maulana, Aji
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze the juridical implications of canceling the deed of sale and purchase of land rights caused by criminal acts of fraud in Tegal Regency. This research is a descriptive research with a sociological approach. Data collection was carried out through interviews, literature studies and documentation studies. Data analysis was carried out in a qualitative descriptive manner. This research shows that the juridical implication of canceling the deed of sale and purchase of land rights is due to a criminal act of fraud based on the provisions of Article 1321 of the Civil Code, namely that the agreement is deemed to have never existed and can be filed for cancellation based on Article 1328 in conjunction with Article 1449 of the Civil Code. The party committing the fraud must provide compensation to the injured party in the event that the cancellation of the said sale and purchase deed causes a loss.
Legal Analysis of Mastery and Ownership of Land Rights Arise in Rembang Regency Laksono, Ruananda Kharismatika; Hasana, Dahniarti; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine the mechanism for acquiring land rights to land in Rembang, Pasar Baggi Village, and how the law is enforced over the ownership of the emerging land. The research method used is sociological juridical research. namely a legal research carried out by looking at aspects of the application of the law itself in society, or a study of community behavior that arises as a result of interacting with the existing system of norms. This research uses an empirical approach and a statutory approach. Research data used in this study are primary data and secondary data. The data collection technique is by conducting direct interviews with sources in the field and document studies. The results of this study indicate that the mechanism for obtaining land rights arising in Rembang Regency is still based on local customary law/customs. This is proven because there are no people who have permission directly from the authorized government apparatus, namely the Rembang District Land Office. According to legal provisions in a formal juridical manner, in principle, the steps that must be taken to obtain land rights are the same as applications for state land rights in general, but for land arising on the coast, you must see regulations relating to land tenure in coastal areas and spatial plans. So far the Rembang Regency Land Office has not conducted an inventory of emerging land as mandated in the Circular of the Minister of Agrarian Affairs/Head of National Land Agency Number 410-1923 concerning Controlling the Status of Emerging Land and Reclamation. Meanwhile, the people who control the emerging land have not yet reported the emerging land they control. This shows that the government and the local community have not fully implemented the applicable laws and regulations, so that it can be said that the law enforcement of emerging land tenure in Rembang Regency has not run optimally. Keywords: Acquisition; Agrarian; Land.
The Juridical Implications for Violating the Contents of the Peace Deed Made by the Parties before a Notary in the Conception of Legal Certainty Diana, Della Ochta; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The settlement of disputes or cases is largely inseparable from the method of settlement through trials in court. However, in reality, disputes or cases that have been filed in court often receive complaints from the public, one of which is a very long settlement process. Therefore there are many ways to resolve disputes outside the courtroom, one of which is through mediation by reconciling the two parties by making peace deed. This research was conducted to find out and analyze the contents of the peace deed according to the concept of legal certainty and the legal consequences for those who violate the contents of the deed. The method used by the author in this thesis research is a normative legal research method using the statutory approach as the basic basis for research and analysis based on literature and other scientific works. The results of the discussion of the thesis research based on the formulation of the problem listed by the author explain that the deed of reconciliation made by a notary outside the court still has the force of law and legal certainty as well as the power of a judge's decision which cannot be changed if the deed has been registered in the form of a lawsuit so that if in the future there are violations committed by one of the parties, the power of the deed cannot be denied anymore and has permanent legal force and cannot be appealed or cassation against it. As well as for violations committed by one of the parties. Keywords: Case; Deed; Notary; Peace.
Optimization of Debtor Protection in Problems Misbruik van omstandigheden What Creditors Do in The Execution of Viat Parate on Collateral Items Tanjung, Silva Fawjiah
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The existence of HT agreements often creates opportunities Misbruik van omstandighedenor misuse of circumstances that often harm the debtor as a powerless party due to a low bargaining position, because the debtor is a party that needs loan funds from the creditor, one of which is in the execution of parate collateral objects. This article aims to analyze the urgency of debtor protection from Misbruik van omstandigheden which is carried out by creditors in the implementation of parate HT executions. The method used in this paper is normative juridical. Based on the analysis conducted, it can be seen that Article 6 and Article 20 of the UUHT, which are also supported by Article 1178 paragraph (2) of the Civil Code, have resulted in loopholes for misuse of circumstances or misbruik van omstandigheden by creditors against debtors in terms of implementing agreements related to the execution of mortgage collateral objects. separately. Keywords: Agreement; Creditor; Debtor.

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